Pending Challenges To Court Of Appeal Decision Regarding Class Certification In Wage And Hour Cases

As we previously reported here, on February 8, 2010, the California Court of Appeal published its decision in Jaimez v. DAIOHS USA, Inc., a decision we think is wrongly decided in many ways and that might make it significantly easier for plaintiffs to obtain class certification in wage and hour cases.

On March 8, 2010, pursuant to California Rules of Court, Rule 8.1125, we filed with the California Supreme Court a request that the decision be depublished. If the California Supreme Court grants our request, the Court of Appeal's decision will cease to have any precedential effect. We did not represent DAIOHS USA, Inc., in the case, but the Rules of Court permit any person to file a request to depublish reported decision of a California appellate court.

On week later, on March 15, 2010, DAIOHS USA, Inc., filed with the California Supreme Court a petition for review of the Court of Appeal's decision. If the California Supreme Court grants that petition, pursuant to California Rules of Court, Rule 81105(e), the Court of Appeal's decision will cease to have any precedential effect while the California Supreme Court's review of the decision is pending.

We are hopeful that the California Supreme Court will either grant our request that the court depublish the Court of Appeal's decision or grant the petition for review and reverse the Court of Appeal's decision.

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