Martinez

Roberto Martinez, Lisa Saldana, Craig Eriksen and Chanel Rankin-Stephens (collectively Martinez parties) sued Crab Addison, Inc., Ignite Restaurant Group, Inc. (formerly known as Joe's Crab Shack Holdings, Inc.) and Landry's Restaurants, Inc. on behalf of a putative class of salaried employees of Joe's Crab Shack restaurants in California who were allegedly misclassified as exempt managerial/executive employees and unlawfully denied overtime pay. On August 3, 2016 the trial court granted a motion to dismiss pursuant to Code of Civil Procedure sections 583.310 and 583.360, 1 finding the Martinez parties had failed to bring their lawsuit to trial within five years, as extended. On appeal the Martinez parties argue the court abused its discretion in refusing to exclude from its calculation of the mandatory five-year period 319 days during which a writ petition challenging that court's order to produce the names and contact information for putative class members was pending (see Crab Addison, Inc. v. Superior Court (2008) 169 Cal.App.4th 958 , 87 Cal.Rptr.3d 400 ( Joe's Crab Shack I ) ), 169 days between the notice of remand following removal of the case to United States District…