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SEE'S CANDY SHOPS, INC. v. SUPERIOR COURT

No. D060710.

210 Cal.App.4th 889 (2012)

148 Cal. Rptr. 3d 690

SEE'S CANDY SHOPS, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; PAMELA SILVA, Real Party in Interest.

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

October 29, 2012.

Attorney(s) appearing for the Case

Jackson Lewis , David S. Bradshaw , James T. Jones , Alison J. Cubre and Paul F. Sorrentino for Petitioner.

Ogletree, Deakins, Nash, Smoak & Stewart, Jack S. Sholkoff ; and Luke A. Wake for National Federation of Independent Businesses Small Business Legal Center as Amicus Curiae on behalf of Petitioner.

Seyfarth Shaw , Jeffrey A. Berman , James M. Harris and Kerry M. Freidrichs for Employers Group, California Employment Law Council and California Chamber of Commerce as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Sullivan & Christiani, William B. Sullivan ; Sullivan Law Group, William B. Sullivan and Eric K. Yaeckel for Real Party in Interest.

Marlin & Saltzman, Louis M. Marlin , Stephen P. O'Dell and Lynn Pierce Whitlock as Amicus Curiae on behalf of Real Party in Interest.

OPINION

HALLER, J. —

Pamela Silva brought a wage and hour class action complaint against her former employer, See's Candy Shops, Inc. After certifying a class of current and former California employees, the trial court granted Silva's summary adjudication motion on four of See's Candy's affirmative defenses and entered an order dismissing the four defenses. In a writ petition, See's Candy...

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