Martinez v. Landry's Restaurants, Inc.
Annotate this CasePlaintiffs filed suit against Joe's Crab Shack and Landry's Restaurants on behalf of a putative class of salaried employees of Joe's Crab Shack restaurants in California who were allegedly misclassified as exempt managerial/executive employees and unlawfully denied overtime pay. The Court of Appeal affirmed the trial court's grant of defendants' motion to dismiss because plaintiffs failed to bring their suit to trial within five years. The court held that the appeal of the district court's remand order did not make it impracticable or futile to bring the case to trial within the statutory period; any delay in fully complying with the electronic discovery order did not make it impracticable or futile to bring the case to trial within the statutory period; and the court need not determine whether this court's writ review of the order compelling disclosure of putative class members' contact information made it impracticable or futile to bring the case to trial within the statutory period.
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