California Court of Appeal
Tarkington v. California Unemployment Ins. Appeals Bd., B203965
In a class action involving unemployment insurance benefits, California Unemployment Insurance Appeals Board decision denying plaintiff's unemployment insurance benefits during an 18-week lockout by employer Albertsons's is reversed where: 1) the plaintiff's claim was not time barred as the doctrine of equitable tolling applied and tolled the six-month statute of limitation; 2) the putative class contained members who had already exhausted their administrative remedies, and requiring all putative class members to exhaust their remedies would have served no additional useful purpose; 3) it was premature for the trial court to make determinations pertaining to class suitability on demurrer as the putative class definition alleged in the petition were sufficient to move forward past the pleading stage.
Appellate Information
- Decided 04/13/2009
- Published 04/13/2009
Judges
- BAUER, J.*
Court
- California Court of Appeal
Counsel
- For Appellant:
- Leonard Carder,Robert S. Remar and Jacob F. Rukeyser, San Francisco, for Plaintiffs and Appellants.
- For Appellees:
- No appearance for Defendant and Respondent., Jones Day, Mark D. Kemple and Katie A. Richardson, Los Angeles, for Real Party in Interest and Respondent.