Ruling by
Nora M. ManellaLower Court
Los Angeles County Superior CourtAppellants failed to submit evidence raising triable issue of material fact regarding whether defendant's challenged conduct harmed class members in manner entitling them to restitution; thus, summary adjudication was proper.
Court
California Courts of Appeal 2DCA/4Cite as
2019 DJDAR 6076Published
Jul. 1, 2019Filing Date
Jun. 28, 2019Opinion Type
ModificationDisposition Type
AffirmedENRIQUE ESPARZA et al.,
Plaintiffs and Appellants,
v.
SAFEWAY, INC., et al.,
Defendants and Respondents.
No. B287927
(Los Angeles County
Super. Ct. No. BC369766)
California Courts of Appeal
Second Appellate District
Division Four
Filed June 28, 2019
ORDER MODIFYING OPINION, DENYING
PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT
It is ordered that the opinion filed June 10, 2019 be modified as follows:
On page 9, lines 12 through 14, the quotation marks before the word "it" and ending after the word "penalties" are deleted;
On page 9, line 14, the following parenthetical is added after the word "penalties" and before the period: "("[W]age losses from the failure to receive the expected value of the right to receive 'premium pay' when due have clear economic value to employees and can be monetized in an economically reasonable fashion")";
On page 25, lines 7 through 9, the quotation marks before the word "it" and ending after the word "penalties" are deleted;
The petition for rehearing is denied. The modification does not change the judgment.
MANELLA, P.J.
WILLHITE, J.
COLLINS, J.
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