California Supreme Court Clarifies Class Action Standards In Brinker

On Thursday, April 12, 2012, the California Supreme Court issued its much anticipated decision in Brinker Restaurant Corp. v. Superior Court. In addition to providing needed clarity regarding the law of meal and rest periods (which we separately analyze here), the decision also contains several defense-friendly statements regarding class action law more generally.

First, the Court agreed with the dominant line of precedent by holding that a trial court may reach questions regarding the merits of the plaintiff's claims where the answer to those questions will "affect" the class certification decision. Indeed, where "the propriety of class certification depends upon disputed threshold legal or factual questions," the trial court "must resolve" those disputed threshold questions first. (Emphasis added.) For example, the Court recognized that "whether common or individual questions predominate will often depend upon resolution of issues closely tied to the merits."