California Court of Appeal

Trial court's denial of class certification for plaintiffs' wage-related claims against their former employers is affirmed where: 1) substantial evidence supports the denials of class certification; 2) plaintiffs' challenge to the trial court's reliance on Brinkley fails because Brinkley was a still-published decision when the trial court relied on it on November 2008, and its depublication did not occur until January 2009; 3) the trial court properly considered the merits of the "Provide vs. Ensure" issue with respect to the meal breaks; and 4) plaintiffs' remaining claims are without merit, including their claim that the court violated their due process right to be heard when it relied on Brinkley to deny certification.

Appellate Information

• Decided 10/04/2012
• Published 10/04/2012

Judges

• Rubin

Court

• California Court of Appeal

Counsel