Crab Addison, Inc. v. Superior Court

INTRODUCTION

Petitioner Crab Addison, Inc. (CAI), seeks a writ of mandate directing the trial court to vacate two orders granting discovery to real party in interest Roberto Martinez (Martinez). We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On September 7, 2007, Martinez filed his complaint as a class action, alleging causes of action for violation of the Labor Code, violation of Business and Professions Code section 17200 et seq. (“Unfair Competition Law”) and failure to provide mandated meal periods and rest breaks in violation of the Labor Code and orders of the Industrial Welfare Commission. Martinez alleged that CAI “engag[ed] in a uniform policy and systematic scheme of wage abuse against their salary paid employees in California. This scheme involved, inter alia, misclassifying the salaried restaurant employees as ‘exempt’ managerial/executive employees for purposes of the payment of overtime compensation when, in fact, they were ‘non-exempt’ non-managerial employees according to California law.” CAI thus deprived its salaried employees of compensation for hours worked in excess of 40 hours per week. Additionally, CAI “denied the salaried restaurant…