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California Court of Appeal

Larner v. Los Angeles Doctors Hosp. Assoc., LP, B202085

In a suit against former hospital employer for violation of overtime laws, appeal from summary judgment in favor of defendant and denial of class certification motion is dismissed as moot where: 1) when a named plaintiff loses a motion to certify the class and then voluntarily settles all claims against the defendant there is no danger that the settlement is merely for the purpose of avoiding legitimate class claims; and 2) because plaintiff retained no continuing interest in the litigation, such as an interest in shifting attorney's fees to class members, plaintiff's appeal was without substance.

Appellate Information

  • Decided 12/03/2008
  • Published 12/08/2008




  • California Court of Appeal


  • For Appellant:
  • Initiative Legal Group, Mark Yablonovich, Los Angeles, Marc Primo, Robert E. Byrnes and Rebecca Labat for Plaintiff and Appellant.

  • For Appellees:
  • Fisher, Sparks, Grayson & Wolfe, Jerry R. Sparks, David R. Fisher, Beverly Hills;  Greines, Martin, Stein & Richland, Robert A. Olson and Alana H. Rotter, Los Angeles, for Defendant and Respondent.
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