Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
53 Cal. 4th 1004 *; 273 P.3d 513 **; 139 Cal. Rptr. 3d 315 ***; 2012 Cal. LEXIS 3149 ****; 18 Wage & Hour Cas. 2d (BNA) 1852; 162 Lab. Cas. (CCH) P61,243
BRINKER RESTAURANT CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; ADAM HOHNBAUM et al., Real Parties in Interest.
Subsequent History: Reported at Brinker Rest. Corp. v. S.C., 2012 Cal. LEXIS 3994 (Cal., Apr. 12, 2012)
Prior History: [****1] Superior Court of San Diego County, No. GIC834348, Patricia Yim Cowett, Judge. Fourth Appellate District, Division One, No. D049331.
Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 25, 80 Cal. Rptr. 3d 781, 2008 Cal. App. LEXIS 1138 (Cal. App. 4th Dist., 2008)
Disposition: The court affirmed the appellate court's judgment as to the off-the-clock subclass, reversed its judgment as to the rest period subclass, and reversed its judgment as to the meal period subclass insofar as it directed the trial court to enter denial of certification with prejudice. The court remanded to the appellate court with directions.
meal period, wage order, meal, employees, subdivision, certification, trial court, rest break, minutes, rest period, subclass, class certification, work period, relieved, work hours, breaks, shifts, fraction, predominate, merits, off-the-clock, one-half, disputes, obligations, records, waived, class action, questions, class member, Restaurant
Civil Procedure, Special Proceedings, Class Actions, Certification of Classes, Business & Corporate Compliance, Wage & Hour Laws, Scope & Definitions, Overtime & Work Periods, General Overview, Prerequisites for Class Action, Pleadings, Complaints, Predominance, Appeals, Standards of Review, Abuse of Discretion, Appellate Review, Substantial Evidence, Reversible Errors, Labor & Employment Law, Governments, Legislation, Interpretation, Administrative Law, Judicial Review, Rule Interpretation, Agency Rulemaking, Rule Application & Interpretation, Validity, Administrative Proceedings, Enforcement Provisions