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CASTILLO v. BANK OF AMERICA, NA

No. 19-56228.

980 F.3d 723 (2020)

Cindy R. CASTILLO, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. BANK OF AMERICA, NA, a North Carolina Corporation; Does, 1-10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2020.

Attorney(s) appearing for the Case

Mitchell J. Murray (argued), James R. Hawkins , Gregory Mauro , and Christina M. Lucio , James Hawkins APLC, Irvine, California, for Plaintiff-Appellant.

Kathryn M. Barber (argued) and Matthew A. Fitzgerald , McGuireWoods LLP, Richmond, Virginia; Matthew C. Kane , McGuireWoods LLP, Los Angeles, California; Sylvia J. Kim , McGuireWoods LLP, San Francisco, California; for Defendants-Appellees.

Before: Ronald M. Gould and Sandra S. Ikuta, Circuit Judges, and David A. Ezra, District Judge.

OPINION

This appeal arises from a dispute regarding the proper method of calculating overtime wages under California law. Plaintiff Castillo sought to represent a class of more than 5,000 hourly-paid, non-managerial call center workers in California for numerous wage and hour violations allegedly committed by Defendant...

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