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KOO v. RUBIO'S RESTAURANTS, INC.

No. G031093.

135 Cal.Rptr.2d 415 (2003)

109 Cal.App.4th 719

Gabriel KOO et al., Plaintiffs and Respondents, v. RUBIO'S RESTAURANTS, INC, Defendant and Appellant; Kerry 0. Bartlett et al. Plaintiffs and Respondents, v. Rubio's Restaurants, Inc., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

June 11, 2003.

Attorney(s) appearing for the Case

Carlton, DiSante & Freudenberger, Timothy M. Freudenberger, San Diego, and Jennifer White-Sperling, for Defendant and Appellant.

Righetti Wynne, Matthew Righetti, John Glugoski; McInerney & McInerney, Kevin McInerney and Kelly McInerney for Plaintiffs and Respondents.

OPINION

MOORE, J.

An attorney representing a corporate defendant in a class action lawsuit concerning overtime wages for managers declared before the court that his firm represented both the defendant and its managers. He later clarified that his only intention in so declaring was to put opposing counsel on notice that the defendant corporation's managerial agents were "represented parties" to the extent provided in State Bar Rules of Professional Conduct...

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