Almost a year ago, I put together a list of twelve post-Brinker class certification opinions of note in wage and hour cases. One of the opinions was Martinez v. Joe’s Crab Shack Holdings, 221 Cal.App.4th 1148 (2013), in which the Supreme Court granted review in early 2014.
In the original Martinez opinion, filed in December 2013, the Court of Appeal (Second Appellate District, Division Seven) reversed the trial court's order denying class certification in an employee misclassification case. Here is my blog post on the opinion.
In July 2014, the Supreme Court transferred the case back to the Court of Appeal with directions to reconsider the matter in light of Duran v. U.S. Bank National Assn., 59 Cal.4th 1 (2014).
In November 2014, the Court of Appeal handed down a new opinion, in which it once again reversed the order denying class certification. Martinez v. Joe's Crab Shack Holdings, 231 Cal.App.4th 362 (2014). The opinion discusses both Duran and Ayala v. Antelope Valley Newspapers, Inc., 59 Cal.4th 522 (2014), decided in late June 2014.
A petition for rehearing was denied in early December 2014, and a petition for review was filed in late December 2014. Here's the link to the Supreme Court's docket (No. S223373). The deadline to grant or deny review will fall in late February 2015 (absent any extensions of time). UPDATE: On February 11, 2015, the petition for review was denied.
In related news, in September 2014, the Supreme Court declined to review the Court of Appeal's opinion in Hall v. Rite Aid Corp., 226 Cal.App.4th 278 (2014), a thirteenth post-Brinker opinion of note. In Hall, the Court of Appeal (Fourth Appellate District, Division One) reversed the trial court's order decertifying the class in a suitable seating case.
At some point, I intend to update my list of post-Brinker opinions to include both of these developments.