Martinez

Martinez v. Joe's Crab Shack Holdings

Bad Law
179 Cal. Rptr. 3d 857·2014 Cal. App. LEXIS 1019·231 Cal. App. 4th 362
Court of Appeal of CaliforniaNovember 10, 2014B242807ACalifornia8,852 words

Opinion

Opinion

Perluss, J.

Litigation by class action has long been recognized as a superior method of resolving wage and hour claims in California (see Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1033 [ 139 Cal.Rptr.3d 315 , 273 P.3d 513 ] (Brinker)), including those seeking redress for unpaid overtime wages. Nonetheless, when confronted with the myriad individual facts asserted by employers in support of the executive exemption as a defense to a wage claim, courts at all levels have struggled to answer the question central to certification of a class — that is, “whether the theory of recovery advanced by the proponents of certification is, as an analytical matter, likely to prove amenable to class treatment.” (Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, 327 [ 17 Cal.Rptr.3d 906 , 96 P.3d 194 ] (Sav-On); accord, Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28 [ 172 Cal.Rptr.3d 371 , 325 P.3d 916 ] (Duran); Ayala v. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522, 531 [ 173 Cal.Rptr.3d 332 , 327 P.3d 165 ] (Ayala).)

Here, the trial court, after wrestling with the factual issues raised by defendants Crab Addison, Inc., Ignite Restaurant…

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