Last week, the Supreme Court also announced that Hernandez v. Restoration Hardware, Inc., No. S233983, will be orally argued on Tuesday, November 7, 2017 at 10:00 a.m. in Sacramento. In fact, this case is first on the list, so it will be argued before Solus (which I discussed yesterday).
This case presents the following issue, according to the docket:
Must an unnamed class member intervene in the litigation in order to have standing to appeal? (See Eggert v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199.)
(Hyperlink added.) The Court of Appeal said yes, and dismissed, for lack of jurisdiction, an objector's appeal from a post-trial judgment in a class action. Hernandez v. Restoration Hardware, Inc., 245 Cal.App.4th 651 (2016), review granted. The objector wished to challenge the amount of fees awarded to class counsel from the $36 million common fund created when the jury entered its verdict in favor of the class. See id.
Here is my blog post on the Court of Appeal's opinion, and copies of the merits briefs are available at this link. Interestingly, the objector in this case is represented by the same counsel who represented the objector (unsuccessfully) in Laffitte v. Robert Half International, Inc., 1 Cal.5th 480 (2016) (discussed in this blog post).
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