Home Depot Assistant Manager Class Action Certification Back Up For Grabs
November 04, 2005
The Home Depot class certification we discussed earlier this year has been reversed and the remanded for further consideration. A writ petition was summarily granted by the 4th District Court of Appeal on September 13, 2005 in a unanimous opinion authored by Justice Gaut (whose son, Kevin Gaut is an employment class action defense lawyer who defends, among other companies, J. Jill the Store).
Riverside Superior Court Judge Roger Luebs had granted certification of an assistant manager misclassification case, but he is now assigned to criminal cases, so the matter is now before Judge Edward D. Webster. The plaintiffs now have until December to file new certification briefs, taking into account certain factors specified in the court's summary order (we are still trying to get a copy of the order.) The new certification hearing will be January 9, 2006.
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