TJX Companies, Inc. v. Superior Court

The trial court subjected petitioner to the rigors of class action discovery without holding an oral hearing on petitioner’s demurrer. There was a real and genuine dispute whether the complaint alleged facts sufficient to establish the elements necessary for maintenance of a class action, including a community of interest among the potential class members and a preponderance of common questions of law and fact when compared with those requiring separate adjudication. (See, e.g., Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906 [ 103 Cal.Rptr.2d 320 , 15 P.3d 1071 ].) Trial judges may not summarily dispose of such critical pretrial matters. We hold the parties are entitled to an oral hearing before the court rules.

I

Defendant The TJX Companies, Inc. (TJX) owns and operates two large retail store chains in California, T.J. Maxx and Marshalls. Plaintiffs Cindy Burchard and Maureen Jordan are TJX assistant managers in Orange County.

In February 2000, plaintiffs brought a statewide class action on behalf of TJX assistant managers in more than 150 retail stores to recover unpaid overtime. They alleged that TJX refused to pay overtime, even when its assistant…