Tarkington

Tarkington v. California Unemployment Insurance Appeals Board

Caution
172 Cal. App. 4th 1494·2009 Cal. App. LEXIS 531·92 Cal. Rptr. 3d 131
Court of Appeal of CaliforniaMarch 12, 2009B203965California6,464 words

Opinion

Opinion

Bauer, J.

This is an appeal from the denial of a writ petition, styled as a class action, filed by employees of Albertsons Inc. (Albertsons) seeking to reverse an administrative decision denying them unemployment insurance benefits during an 18-week lockout by Albertsons. On demurrer, the trial court ruled that the employees failed to allege sufficient facts supporting equitable tolling. The trial court also struck the class allegations as overly broad. The employees elected not to amend their petition in order to pursue the present appeal. We reverse and remand for further proceedings.

FACTS AND PROCEEDINGS BELOW

A. Allegations of the Petition

In August 2003, contract negotiations between the United Food and Commercial Workers International Union (UFCW) and Albertsons, Ralphs Grocery Company (Ralphs), and The Vons Companies, Inc. (Vons), commenced. During the negotiations, Albertsons, Ralphs, and Vons agreed that they would act as one bargaining unit and consider a strike against one grocer as a strike against all three grocers. The three grocers, along with a fourth grocer (Food 4 Less/Foods Co.) that was not a party to the negotiations, also agreed that they would share all…

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