Opinion
CASE NO: SA CV 98-249 AHS (ANx).
June 14, 2000
[PROPOSED] ORDER GRANTING PLAINTIFFS' SUMMARY ADJUDICATION
The motion by plaintiffs for Summary Adjudication was heard on November 22, 1999 at 10:00 a.m., in the above-entitled Court located at 411 West Fourth Street, Santa Ana, California.
After considering the moving and opposition papers, arguments of counsel and all other matters presented to the Court, IT IS HEREBY ORDERED THAT the motion is GRANTED and the following issues are deemed established for the trial hereon.
1. As K-9 officers plaintiffs must be compensated for the off-duty time that they spent performing the tasks involved in caring for and training their assigned police dogs.
2. Neither 29 C.F.R. § 785.23 nor the holding in Rudolph v. Metropolitan Airports Comm'n, 103 F.3d 677 (8th Cir. 1996), has application to plaintiffs' claims as there is no evidence that any plaintiff ever agreed to or was consulted regarding any agreement as to the reasonable amount of time plaintiffs would engage in off-duty, at-home work activities.