Reyes v. Hi-Grade Materials Co.

Summary

The California Court of Appeal dismissed an appeal from an order denying class certification in a wage-and-hour action. It held that the death knell doctrine did not apply because representative PAGA claims remained pending when the appeal was filed, and the plaintiff's later voluntary dismissal of those claims could not retroactively create appellate jurisdiction. The court concluded that review of the class-certification order must await a final judgment disposing of all claims.

Holdings

1. An order denying class certification is not immediately appealable under the death knell doctrine when viable representative PAGA claims remain pending because the order does not function as a de facto final judgment for all claims on behalf of absent class members.
2. A plaintiff's later voluntary dismissal without prejudice of pending PAGA claims does not retroactively transform a nonappealable order denying class certification into an appealable order.
3. The court declined to exercise its discretionary power to treat the appeal as a petition for writ of mandate.

Questions Presented

1. Whether an order denying class certification is immediately appealable under California's death knell doctrine when representative PAGA claims remain viable and pending.
2. Whether a plaintiff's later voluntary dismissal without prejudice of pending PAGA claims can retroactively make an otherwise nonappealable class-certification order appealable.
3. Whether the court should construe the appeal as a petition for writ of mandate.

Disposition

dismissed