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BRINKLEY v. PUBLIC STORAGE, INC.

No. B200513.

167 Cal.App.4th 1278 (2008)

FRED BRINKLEY, Plaintiff and Appellant, v. PUBLIC STORAGE, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

As modified November 5, 2008.

Attorney(s) appearing for the Case

Law Office of Joseph Antonelli, Joseph Antonelli, Janelle C. Carney; Law Offices of Kevin T. Barnes, Kevin T. Barnes and Gregg Lander for Plaintiff and Appellant.

Freeman, Freeman & Smiley, Bradley D. Ross and Azadeh Allayee for Defendant and Respondent.

OPINION

KITCHING, J.—

INTRODUCTION

Plaintiff asserts class action and individual claims for violations of the Labor Code. He alleges that defendant, his former employer, provided paystubs containing misstatements in violation of Labor Code section 226.1 An employer, however, cannot be liable for misstatements on pay stubs unless it knowingly and intentionally makes such misstatements and an employee...

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