In Tien v. Tenet Healthcare Corp. (2/16/11) 192 Cal.App.4th 1055 (discussed here) the trial court initially certified meal period, waiting time penalty, and check stub claims. After the Court of Appeal issued Brinker v. Superior Court (4/12/12) 53 Cal.4th 1004 (discussed here) and Brinkley v. Public Storage, Inc. (2008) 167 Cal.App.4th 1278, the trial court granted Tenet's motion for reconsideration and denied certification on all issues. The Court of Appeal affirmed, and the California Supreme Court added Tien to its list of Brinker grant-and-holds.
On remand following Brinker, the Court of Appeal affirmed its earlier decision. Tien v. Tenet Healthcare Corp. (10/4/12) (discussed here). Yesterday, the California Supreme Court denied review and depublished.
This is the third Brinker grant-and-hold, all from the Second District, Division Eight, that the Court has depublished. It joins Lamps Plus Overtime Cases (8/20/12) (discussed here); and Hernandez v. Chipotle Mexican Grill, Inc. (8/21/12) (discussed here).
The defendant has not yet filed its petition for review in Bradley v. Networkers International (12/12/12) --- Cal.App.4th --- (discussed here and here). I'm sure that it will do so, and we'll keep an eye on it.
Thursday, January 17, 2013
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