On November 21, 2006, a petition for review was filed challenging the Court of Appeal's opinion in Alvarez v. May Dept. Stores Co., ___ Cal.App.4th ___ (Oct. 11, 2006) (Second Appellate District, Division Four). Alvarez v. May Dept. Stores Co., no. S148276. Alvarez is the collateral estoppel/class certification opinion, my original post on which is here. The petition for review begins:
Cutting the legs out from under litigants, the California Court of Appeal for the Second Appellate District has added to the growing list of rulings that harm the class action device and prejudice the due process rights of litigants. (See Pfizer Inc. v. Superior Court, review granted November 1, 2006, S145775; Tobacco II Cases, review granted November 1, 2006, S147345; Gentry v. Superior Court, review granted April 26, 2006, S141502; Jones v. Citigroup, review granted April 26, 2006, S141753; Pioneer Electronics v. Superior Court (Olmstead), review granted July 27, 2005, S133794.) By severely restricting the ability of plaintiffs to pursue collective actions, the Second District has effectively limited access to our Courts, to the detriment of all Californians.
Many thanks to counsel for Mr. Alvarez for providing a copy of his brief.