Read Bridgeford v. Pacific Health Corp., B227486

In a class action alleging wage and hour violations in which the plaintiffs also sought statutory penalties as a representative enforcement action under the Private Attorneys General Act of 2004 (PAGA), the trial court's order sustaining a demurrer to the complaint is reversed, where: 1) the sustaining of the demurrer to the class action allegations based on collateral estoppel was error, as the plaintiffs, who were unnamed putative class members in a similar previous action against the defendants, were not bound by collateral estoppel with respect to any issue decided in connection with the denial of class certification in that action; and 2) the dismissal of the plaintiffs' individual claims and representative claims under PAGA was error, as the trial court did not address those claims and the defendants conceded there was no basis to dismiss them.

Appellate Information

• Decided 01/18/2012
• Published 01/18/2012

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Mark Yablonovich, Silver and Freedman