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Smart & Final Class Allegations Dropped; Perkins Coie Represented Defendant
Press Release
Los Angeles (August 29, 2010) – Los Angeles Superior Court Judge Jane L. Johnson granted a motion filed by Perkins Coie to strike all class allegations in Romero v. Smart & Final (Superior Court, Case No. BC 393678). Judge Johnson also denied the plaintiffs' concurrent motion to certify a class of over 300 current and former California Smart & Final Store Managers. In the lawsuit, two former, and one current store manager, alleged that they, and all others similarly situated, had been misclassified as exempt from overtime under California's executive exemption. Plaintiffs' sought unpaid overtime on behalf of this alleged class in excess of $35,000,000 and further sought to recover additional sums for unpaid meal periods, rest breaks and attorney fees.
In granting the motion to strike, and denying plaintiffs' motion for certification, the court concluded that: (1) common issues of law or fact did not predominate; (2) class treatment was not the superior method of adjudication for such claims; and (3) at least one of the alleged plaintiff class representatives was inadequate.
"We are pleased that the court, based upon the evidence and legal arguments presented, arrived at the correct result and recognized that in such alleged misclassifications cases class treatment is inappropriate," said William Kannow, the lead trial lawyer and partner at Perkins Coie. "Moreover, in denying class certification the court recognized that California employers may protect themselves from such costly lawsuits by instituting creative measures to secure the continued applicability of the "managerial" exemption from overtime, notwithstanding California unique 50% rule."
The Perkins Coie trial team included William Kannow (Los Angeles), assisted by Steven Gonzalez (Los Angeles), and Tawn Pritchette (Phoenix).
About Perkins Coie: Founded in 1912 in Seattle, Perkins Coie has more than 850 lawyers in
19 offices across the United States and Asia. The firm is celebrating its 100th anniversary of
representing great companies ranging in size from start-ups to FORTUNE 100 corporations.
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