California Court of Appeal

Sustaining of demurrer without leave to amend the complaint's class action allegations, in action brought by 56 of defendant's past and present sales managers alleging Labor Code violations and unfair practices, is affirmed over claim that the doctrine of collateral estoppel is inapplicable to an order denying class certification in another lawsuit brought by other plaintiffs, because absent putative class members are not bound prior to the certification of a class, or, alternatively, the doctrine of collateral estoppel was erroneously applied.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• SUZUKAWA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Arias, Ozzello & Gignac, H. Scott Leviant, Santa Barbara, Mike Arias, and Mark A. Ozzello;  Law Offices of Jeffrey P. Spencer and Jeffrey Spencer, San Clemente, for Plaintiffs and Appellants.


• For Appellees:
  
• Wasserman, Comden & Casselman, Alhambra, John S. Curtis;  Law Offices of Julia Azrael, Julia Azrael;  and David E. Martin for Defendant and Respondent.