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Tuesday, March 16, 2010

Court of Appeal Affirms Class Cert Denial in Restaurant Manager Case

In Arenas v. El Torito Restaurants, Inc. (2010) 183 Cal.App.4th 723, the plaintiffs brought a mis-classification class action, alleging that defendant improperly designated certain employees as exempt from California's overtime requirements. The trial court denied the plaintiffs' motion for class certification, holding that individual questions predominated because of differences in individual restaurant operations. The Court of Appeal affirmed, holding that the trial court did not abuse its discretion.

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