California Court of Appeal

In plaintiffs' putative class action lawsuit against California Commerce Club, Inc. (Club), claiming that they and other similarly situated members of the class were injured by defendant's unlawful policy and practice of denying meal and rest breaks to certain hourly, non-union employees, trial court's order sustaining defendant's demurrer without leave to amend is reversed as it was premature for the trial court to make determinations pertaining to class suitability on demurrer as plaintiffs' allegations of the operative complaint were sufficient to move the action beyond the pleading stage.

Appellate Information

• Decided 08/02/2010
• Published 08/23/2010

Judges

• JOHNSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Matthew J. Matern, Anna Segobia Master