The Court of Appeal has handed down two class certification opinions in the past eight days.
In Tien v. Tenet Healthcare Corp., ___ Cal.App.4th ___ (Feb. 16, 2011), the Court of Apppeal (Second Appellate District, Division Eight) affirmed the trial court's order denying class certification of meal period, rest break, and waiting time penalty claims. Because the opinion addresses the core meal period compliance question in Brinker, the case is likely to be taken up as a "grant and hold."
In Safaie v. Jacuzzi Whirlpool Bath, Inc., ___ Cal.App.4th ___ (Jan. 25, 2011; pub. ord. Feb. 22, 2011), the Court of Appeal (Fourth Appellate District, Division One) affirmed the trial court's order denying a motion to "recertify" the class on the ground that an earlier order granting decertification had been affirmed on appeal. The Court of Appeal applied "the settled state law rule that a final order decertifying a class is binding and cannot be later challenged in the trial court by a motion for renewal or reconsideration." Slip op. at 18.