BURDUSIS

BURDUSIS v. Superior Court

Good Law
133 Cal. App. 4th 88·2005 Cal. App. LEXIS 1566·2005 Daily Journal DAR 11997·34 Cal. Rptr. 3d 575·2005 Cal. Daily Op. Serv. 8820
Court of Appeal of CaliforniaSeptember 13, 2005B183034California1,539 words

Opinion

Opinion

Woods, J.

SUMMARY

In this writ proceeding, we consider whether Code of Civil Procedure section 170.6, subdivision (a)(2) permits the exercise of a peremptory challenge on remand following reversal of an order denying class certification where remand is for the sole purpose of allowing the trial court to consider the record in light of two new decisions filed after the appeal. We find that no such challenge is permitted.

FACTUAL AND PROCEDURAL SYNOPSIS

In a prior appeal, Jeremy Burdusis challenged the trial court’s order denying class certification of his labor and wage violation claims against Rent-A-Center, Inc. (RAC). The trial court denied the motion on the ground that individual factual issues predominated. “We reverse[d] and remand[ed] with directions that the trial court reconsider the motion to certify in light of two decisions not available at the time of the trial court’s ruling: the Supreme Court’s decision in Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319 [ 17 Cal.Rptr.3d 906 , 96 P.3d 194 ] (Sav-On) and Bell v. Farmers Insurance Exchange (2004) 115 Cal.App.4th 715 [ 9 Cal.Rptr.3d 544 ] (Bell).” (Burdusis v. Rent-A-Center, Inc. (Feb. 9, 2005,…

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