Monti v. Department Of Industrial Relations

582 F.2d 1226 18 Empl. Prac. Dec. P 8663 Marie Melrose MONTI and California State Employees Association, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. DEPARTMENT OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA, Raymond Barrier and Donald Vial, Defendants-Appellees. No. 77-3731. United States Court of Appeals, Ninth Circuit. Sept. 26, 1978. Helen B. Culiner, San Francisco, Cal., for plaintiffs-appellants. Gordon Zane, San Francisco, Cal., for defendants-appellees. Appeal From the United States District Court for the Northern District of California. Before TRASK and SNEED, Circuit Judges, and RICHEY, * District Judge. SNEED, Circuit Judge: 1 Plaintiffs appeal from an order of the district court denying their motion for class certification. In light of the Court's recent decision in Gardner v. Westinghouse Broadcasting Co., --- U.S. ----, 98 S.Ct. 2451 , 57 L.Ed.2d 489 (1978), this court lacks appellate jurisdiction under 28 U.S.C. § 1292 (a)(1) to review the class certification denial. Alternatively, plaintiffs seek a writ of mandamus pursuant to 28 U.S.C. § 1651 , to compel the district court to certify the class. The issuance of such…