The UCL Practitioner
Friday, August 27, 2004
Supreme Court issues UCL/class certification decision
Yesterday, in Sav-On Drug Stores, Inc. v. Superior Court, ___ Cal.4th ___ (Aug. 26, 2004), the Supreme Court reinstated an order granting class certification of UCL and Labor Code claims alleging that certain employees were improperly classified as exempt from the overtime laws. The Supreme Court treated the UCL claim as coextensive with the Labor Code claim, presumably because the UCL claim was pleaded that way. This is the first time that the Supreme Court has affirmed class certification of a UCL claim since Corbett v. Superior Court, 101 Cal.App.4th 649 (2002), in which the Court of Appeal rejected the argument that UCL claims are inherently incompatible with Code of Civil Procedure section 382. The Supreme Court gave no hint that a UCL claim could not be certified for class treatment if the requirements of section 382 are satisfied.
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