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California Court of Appeal


Dailey v. Sears, Roebuck and Company, D061055

Trial court's denial of plaintiff's motion to certify a class in suit alleging defendant violated California's wage and hour laws with respect to its auto center "Managers" and "Assistant Managers", is affirmed, where the record contains substantial evidence that plaintiff's theory of liability, i.e., that defendant acted in a uniform manner toward the proposed class members, resulting in their widespread misclassification as exempt employees, is not amenable to proof on a class-wide basis.

Appellate Information

  • Decided 03/20/2013
  • Published 03/20/2013

Judges

  • IRION

Court

  • California Court of Appeal

Counsel

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