California Court of Appeal

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Bates v. Rubio's Rest., Inc., G041231

In a $7.5 million settlement agreement arising from a wage and hour class action lawsuit, trial court judge's order vacating an earlier ruling that the 140 late-identified class members should receive notice and then recusing himself from any further proceedings in the matter is affirmed where: 1) when a judge is not disqualified at the time of making the first ruling, the first ruling does not become void just because the judge later disqualifies himself in the interests of justice and encapsulates both rulings in one minute order; and 2) defendant's argument that the judge's order vacating the prior ruling about the 140 late-identified class members must be reversed is rejected.

Appellate Information

  • Decided 11/30/2009
  • Published 11/30/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Irell & Manella, Gregory R. Smith, Andra Barmash Greene and Julie M. Davis, Newport Beach, for Defendant and Appellant., Righetti Law Firm, Matthew Righetti, San Francisco, John Glugoski;  McInerney & Jones, Kevin J. McInerney, San Diego, Kelly McInerney and Charles A. Jones for Plaintiffs and Respondents.
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