Gutierrez v. Superior Court CA2/1

Filed 4/15/14 Gutierrez v. Superior Court CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

SERGIO GUTIERREZ, No. B253276

Petitioner, (Super. Ct. No. BC360704)

v. OPINION AND ORDER THE SUPERIOR COURT OF LOS GRANTING PEREMPTORY ANGELES COUNTY, WRIT OF MANDATE

Respondent;

CALIFORNIA COMMERCE CLUB, INC.,

Real Parties in Interest.

ORIGINAL PROCEEDING; petition for writ of mandate. Debre Katz Weintraub, Judge. Petition granted. Arias Ozzello & Gignac, Mike Arias, Mikael H. Stahle, Alfredo Torrijos; Rastegar & Matern, Farzad Rastegar and Thomas S. Campbell for Petitioner. No appearance for Respondent. Winston & Strawn, Anna Segobia Masters and Danielle R. Gerson for Real Party in Interest.

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The trial court abused its discretion in refusing Mike Arias, Mikael Stahle and AlfredoTorrijos of Arias Ozzello & Gignac (AOG) to associate as cocounsel to represent the class at trial.1 Accordingly, the petition is granted. FACTUAL AND PROCEDURAL BACKGROUND This hour and wage case was originally filed on October 20, 2006. On April 21, 2008, Sergio Gutierrez and Hector Salazar (who is no longer a plaintiffs’ representative) filed the operative third amended class action complaint against California Commerce Club, Inc. alleging, inter alia, that they and other similarly situated members of the putative class were injured by the club’s unlawful policy and practice of denying meal and rest breaks to certain hourly, non-union employees. On October 24, 2013, the trial court certified the class and found that attorneys Farzad Rastegar and Thomas S. Campbell of the law firm Rastegar & Matern, qualified to represent the interests of the class. On December 2, 2013, class counsel filed a Notice of Appearance and Association advising the trial court that attorneys Mike Arias, Mikael Stahle and Alfredo Torrijos of AOG had associated as cocounsel and were “appear[ing] as additional attorneys of record, together with other attorneys of record, on behalf of Plaintiffs in the above- captioned case.” At a hearing on December 13, 2013, the trial court ruled that AOG could give class counsel advice and be behind the scenes, but they could not argue the case, argue motions, or appear before the jury. On December 16, 2013, the trial court issued the following minute order, nunc pro tunc to December 13, 2013: “‘On October 24, 2013, this Court granted Plaintiff Sergio