In first-impression case, Court of Appeal dismisses as moot an appeal from overtime and class certification rulings
December 8, 2008
Larner v. Pacific Health Corp. (2008) 2008 Cal.App. LEXIS 2387 (California Court of Appeal, Second Appellate District, Division One). [published]. GMSR obtained the dismissal of an appeal against its client, a hospital, on the ground that the appeal was was moot. The trial court had rejected a former employee’s overtime claim against the hospital and denied the employee’s motion for class certification on other wage and hour claims. The plaintiff settled “all” her claims against the hospital under an agreement that purported to preserve her right to appeal; stipulated to entry of judgment for the hospital; and then appealed. The Court of Appeal agreed with GMSR’s position that the appeal was moot in light of the settlement. Reaching a matter of first impression under California law, the court found that the employee, as a putative class representative, had no continuing personal stake in the litigation and therefore that the appeal had to be dismissed.
Larner v. Pacific Health Corp. (2008) 2008 Cal.App. LEXIS 2387
Robert A. Olson
Alana H. Rotter
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