This article appeared in the Daily Journal a few weeks ago, on May 8, 2014, while I was immersed in several briefing projects. I was pleasantly surprised to see my photo on the front page, and I received a number of kind congratulatory emails from friends and acquaintances.
[P]laintiffs' attorneys such as Kimberly Kralowec of The Kralowec Law Group say the pendulum of appellate decisions has swung in their clients' direction.
Kralowec argued Brinker before the Court of Appeal and ... before the state Supreme Court .... She said appellate decisions favor class certification if there is a blaket policy on employee breaks that doesn't square with the law. "It doesn't matter that it may have been applied differently, affected class members differently, or not affected some plaintiffs at all," she said.
In the raft of published opinions that apply Brinker, six favored class certification, and two did not. The state Supreme Court denied review on all of them. What's more, the high court depublished three appellate cases that favored the defense in early 2013.