Defendant State of California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) seeks a demurrer to the class allegations in the First Amended Complaint (“FAC”) filed by Plaintiffs Sandra Dominguez, Elsa Rivera, and Nicole Crist (collectively “Plaintiffs”). Demurrer is sustained without leave to amend.
“Class certification is generally not decided at the pleading stage of a lawsuit.” (In re BCBG Overtime Cases (2008) 163 Cal.App.4th 1293, 1298, 78 Cal.Rptr.3d 257, 261.) “The decision whether a case is suitable to proceed as a class action ordinarily is made on a motion for class certification.” (Tucker v. Pacific Bell Mobile Services (2012) 208 Cal.App.4th 201, 211, 145 Cal.Rptr.3d 340, 348.) “Even so, “[i]t is beyond dispute that trial courts are permitted to decide the issue of class certification on demurrer.” (Schermer v. Tatum (2016) 245 Cal.App.4th 912, 923, 200 Cal.Rptr.3d 144, 152; citations omitted; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429,
Hearing Date
December 16, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant State of California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) seeks a demurrer to the class allegations in the First Amended Complaint (“FAC”) filed by Plaintiffs Sandra Dominguez, Elsa Rivera, and Nicole Crist (collectively “Plaintiffs”). Demurrer is sustained without leave to amend.
“Class certification is generally not decided at the pleading stage of a lawsuit.” (In re BCBG Overtime Cases (2008) 163 Cal.App.4th 1293, 1298, 78 Cal.Rptr.3d 257, 261.) “The decision whether a case is suitable to proceed as a class action ordinarily is made on a motion for class certification.” (Tucker v. Pacific Bell Mobile Services (2012) 208 Cal.App.4th 201, 211, 145 Cal.Rptr.3d 340, 348.) “Even so, “[i]t is beyond dispute that trial courts are permitted to decide the issue of class certification on demurrer.” (Schermer v. Tatum (2016) 245 Cal.App.4th 912, 923, 200 Cal.Rptr.3d 144, 152; citations omitted; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429,