Employment Development Department v. Superior Court

Opinion

KAUS, J.

Petitioners California Employment Development Department and related public agencies and officials, defendants in the underlying action (defendants), seek mandate or prohibition to compel the trial court to vacate its order certifying the suit as a class action. Defendants contend primarily that the trial court lacked authority to approve class certification after the principal legal issue in the case had been decided on the merits. The trial court found, however, that defendants had waived any right they might have had to insist on a determination of class certification before…