Sumo v. Torrance Memorial Medical Center CA2/7
Plaintiff Evelyn Sumo filed a wages and hours class action alleging that Torrance Memorial Medical Center had violated Labor Code provisions governing overtime pay and meal periods. The complaint also alleged a representative claim under the Private Attorneys General Act (Labor Code, §§ 2698 et seq. (PAGA) seeking civil penalties for these statutory violations. The trial court denied class certification, concluding that Sumo had failed to establish common issues would predominate over individual issues.
Sumo appeals the court’s denial of class certification under the “death knell doctrine.” Torrance argues the doctrine is inapplicable because Sumo’s PAGA claim remains in the trial court, rendering the order nonappealable. We agree, and dismiss the appeal.
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