California Court of Appeal

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Fierro v. Landry's Restaurant, Inc., 071904

Reversing and remanding a suit claiming violations of California wage and labor laws that proceeded as a class action because although the trial court sustained a demurrer on the basis that a prior class action with identical class claims had been dismissed for failure to bring the case to trial in five years as required by the Code of Civil Procedure the record did not provide the basis of the dismissal in the prior action and could not be final for purposes of res judicata or collateral estoppel, or form a basis for a defense in the present action.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/05/14




  • California Court of Appeal


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