New class certification decision: Dunbar v. Albertson's, Inc.

In Dunbar v. Albertson's, Inc., ___ Cal.App.4th ___ (Jul. 20, 2006), the Court of Appeal (First Appellate District, Division One) affirmed an order denying class certification. Yesterday, the opinion was ordered published, but I don't see anything particularly noteworthy in it. According to the docket, seven publication requests were filed, six by non-parties.

UPDATE: The blog Wage Law has some additional commentary on the Dunbar decision, which is an employee misclassification case. I agree with Wage Law's observation that Dunbar is yet more proof that after Sav-on, trial court orders either granting or denying class certification are unlikely to be reversed on appeal.

Comments

[tommyk]

It warrants publication only to provide an example of where a trial court can deny certification in a Sav-on type situation. Although Sav-on, properly understood, already left the trial court with that discretion. Less experienced judges would often buy the argument from experienced (and clever) class action plaintiff's counsel that "Sav-On says you have to certify an exemption class action" or that "Sav-On says that exemption class actions are all good candidates for certification." Dunbar provides a counter-example. I agree, generally, though that Dunbar does not establish any new principle that is going to change class action law.