Gutierrez v. California Commerce Club, Inc.

Opinion

JOHNSON, J.

Sergio Gutierrez and Hector Salazar filed the operative third amended class action complaint against California Commerce Club, Inc. (Club), alleging, among other things, that they and other similarly situated members of the putative class were injured by the Club’s unlawful policy and practice of denying meal and rest breaks to certain hourly, nonunion employees. The trial court sustained the Club’s demurrer without leave to amend, on the ground plaintiffs had failed to show the existence of a class, and dismissed the action as to all representative claims. We reverse. In…