Bradley

Bradley v. Networkers International, LLC

Good Law
150 Cal. Rptr. 3d 268·2012 Cal. App. LEXIS 1261·211 Cal. App. 4th 1129
Court of Appeal of CaliforniaDecember 12, 2012No. D052365California11,100 words

Opinion

Lead Opinion

Haller, J.

Three plaintiffs 1 filed a class action complaint against Networkers International, LLC (Networkers), alleging violations of wage and hour laws including those governing overtime pay, rest breaks, and meal breaks. Plaintiffs moved to certify the class, but the court denied the motion, concluding plaintiffs did not meet their burden to show common factual and legal questions would predominate over individual issues. Plaintiffs appealed. In February 2009, we filed an unpublished opinion (Bradley I) affirming the trial court’s order, concluding the court’s ruling was not an abuse of discretion.

In May 2009, the California Supreme Court granted plaintiffs’ petition for review, and ordered the Bradley I case held pending the high court’s decision *1134 in Brinker Restaurant Corp. v. Superior Court (Cal.App.). Three years later, in April 2012, the California Supreme Court issued its Brinker decision. (Brinker Restaurant Corp. v. Superior Court, supra, 53 Cal.4th 1004 (Brinker).) The court then remanded Bradley I to this court “with directions to vacate its decision and to reconsider the cause in light of Brinker . . . .”

Following the remand, the parties submitted extensive…

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