No. S106718.

17 Cal.Rptr.3d 906 (2004)

96 P.3d 194

34 Cal.4th 319

SAV-ON DRUG STORES, INC., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent. Robert Rocher, et al., Real Parties in Interest.

Supreme Court of California.

August 26, 2004.

Attorney(s) appearing for the Case

Akin Gump Strauss Hauer & Feld, W. Randolph Teslik, Joel M. Cohn, Washington, DC, William A. Norris, Rex S. Heinke, L. Rachel Helyar, Los Angeles, and Sandra M. Lee, San Francisco, for Petitioner.

Deborah J. La Fetra, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Petitioner.

Sheppard, Mullin, Richter & Hampton, Richard J. Simmons, Kelly L. Hensley and Douglas R. Hart, Los Angeles, for California Retailers Association and National Retail Federation as Amici Curiae on behalf of Petitioner.

Law Offices of Steven Drapkin and Steven Drapkin, Los Angeles, for Employers Group as Amicus Curiae on behalf of Petitioner.

Seyfarth Shaw and Steven B. Katz, Los Angeles, for Costco Wholesale Corp., Earl Scheib, Inc., Staples, Inc., and Tuneup Masters, Inc., as Amici Curiae on behalf of Petitioner.

Paul, Hastings, Janofsky & Walker, Paul Grossman and Patricia M. Berry, Los Angeles, for California Employment Law Council as Amicus Curiae on behalf of Petitioner.

Fred J. Hiestand, Sacramento, for Civil Justice Association of California as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Riordan & Horgan, Dennis P. Riordan, Donald M. Horgan, San Francisco; Righetti Wynne, Matthew Righetti, Edward J. Wynne, San Francisco, John J. Glugoski, J.E.B. Pickett; Daniels, Fine, Israel & Schonbuch, Paul R. Fine, Scott A. Brooks, Craig S. Momita, Los Angeles; Kumetz & Glick, Fred J. Kumetz, Stephen Glick, Los Angeles; Law Offices of Ian Herzog, Ian Herzog, Santa Monica, and Evan D. Marshall for Real Parties in Interest.

Brad Seligman, Berkeley; Saperstein, Goldstein, Demchak & Baller, Goldstein, Demchak, Baller, Borgen & Dardarian, David Borgen, Laura L. Ho, Joshua Konecky and Darci E. Burrell, Oakland, for The Impact Fund, California Rural Legal Assistance Foundation, the Legal Aid Society-Employment Law Center, Mexican American Legal Defense and Educational Fund, Asian Law Caucus, Asian Pacific American Legal Center of Southern California, La Raza Centro Legal, Inc., Women's Employment Rights Clinic of Golden Gate University School of Law, Bet Tzedek Legal Services, East San Jose Community Law Center, Professor Gary Blasi, University of California, Los Angeles School of Law and Professor Joseph Grodin, University of California, Hastings College of Law as Amici Curiae on behalf of Real Parties in Interest.

Jeffery K. Winikow, Los Angeles; Van Bourg, Weinberg, Roger & Rosenfeld, Ellyn Moscowitz, Oakland, Sandra Rae Benson, Los Angeles; Spiro, Moss, Barness, Harrison & Barge, Dennis F. Moss, Steven M. Harrison, Ira Spiro, Los Angeles, and Rene L. Barge, Tustin, for California Employment Lawyers Association, California Teamsters Public Affairs Council, Los Angeles/Orange County Building and Construction Trades Council, AFL-CIO, Alameda County Building and Construction Trades Council, AFL-CIO and Contra Costa County Building and Construction Trades Council, AFL-CIO as Amici Curiae on behalf of Real Parties in Interest.


The question presented is whether the trial court abused its discretion in certifying as a class action this suit for recovery of unpaid overtime compensation. We conclude it did not and accordingly reverse the judgment of the Court of Appeal.


Plaintiffs Robert Rocher and Connie Dahlin, on behalf of themselves and others similarly situated, brought this action against...


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