DUNBAR v. ALBERTSON'S, INC
Filed 7/20/06; pub. order 8/10/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| MAURICE DUNBAR, Plaintiff and Appellant, v. ALBERTSON'S, INC., Defendant and Respondent. | A111153 (Alameda County Super. Ct. No. RG04146326) |
Plaintiff Maurice Dunbar, a grocery manager for defendant Albertson's, Inc., seeks overtime compensation and other relief on the theory that defendant erroneously classified him as an executive employee exempt from the overtime wage laws. He appeals from the order denying his motion for certification of a class of defendant's grocery managers to pursue these same claims. He contends that the order must be reversed because the court failed to apply proper criteria, and neglected to perform necessary analysis, in deciding whether common questions were predominant in the case. We find no error in the court's determination of the matter and affirm the order.
I. BACKGROUND
A. Evidence
Defendant owns and operates approximately 500 grocery stores in California. Each store generally has a grocery manager, and a store director to whom the grocery manager reports; the grocery manger is â€
