Legal Opinion

Dunlap v. Superior Court

California Court of Appeal

Decided July 27, 2006No. B185247PublishedCited by 26 opinions

1Opinion of the Court

Opinion

KLEIN, P. J.

Plaintiff Omar Dunlap, a former employee of defendant Bank of America, N.A. (Bank), seeks a writ of mandate directing the trial court to vacate its order granting the Bank’s motion to strike certain portions of Dunlap’s first amended class action complaint and to enter an order denying the motion to strike.

The essential issue presented is whether the trial court properly struck Dunlap’s claims for statutory penalties on the ground he failed to exhaust his administrative remedies in accordance with the Labor Code Private Attorneys General Act of 2004 (PAG Act) (Lab. Code, §…

2Cases cited3 opinions

  1. Caliber Bodyworks, Inc. v. Superior CourtCalifornia Court of Appeal · 2005
  2. International Longshoremen's & Warehousemen's Union v. Los Angeles Export Terminal, Inc.California Court of Appeal · 1999
  3. Road Sprinkler Fitters Local Union No. 669 v. G & G Fire Sprinklers, Inc.California Court of Appeal · 2002

3Cited by26 opinions

  1. Villacres v. Abm Industries Inc.California Court of Appeal · 2010
  2. Joseluis Alcantar v. Hobart ServiceCourt of Appeals for the Ninth Circuit · 2015
  3. Voris v. LampertCalifornia Supreme Court · 2019
  4. Noe v. Superior CourtCalifornia Court of Appeal · 2015
  5. Franco v. Athens Disposal Co., Inc.California Court of Appeal · 2009

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