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GUTIERREZ v. CALIFORNIA COMMERCE CLUB, INC.

No. B212062.

187 Cal.App.4th 969 (2010)

114 Cal. Rptr. 3d 611

SERGIO GUTIERREZ et al., Plaintiffs and Appellants, v. CALIFORNIA COMMERCE CLUB, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

August 2, 2010.

Attorney(s) appearing for the Case

Rastegar & Matern, Matthew J. Matern and Thomas S. Campbell for Plaintiffs and Appellants.

Winston & Strawn, Anna Segobia Masters and Jennifer Rappoport for Defendant and Respondent.

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, non-union employees...

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