Following the reasoning of Bruns v. E-Commerce Exchange, Inc. (2011) 51 Cal.4th 717, and emphasizing an appellate court’s deference to the trial court’s findings, this court affirms the dismissal of a wage and hour putative class action for failure to bring the case to trial within five years. The opinion finds that the trial court did not abuse its discretion in finding that the 351 day period during which a co-plaintiff (and part of the alleged class) were prevented from proceeding with their claims due to a subsequently reversed order compelling arbitration) did not make it impossible, impractical or futile for plaintiff to proceed with her individual claims or the claims of class members who had not signed the arbitration clause. Plaintiff waived any reliance on other periods of alleged impossibility by failing to raise them in a timely manner in the trial court.
California Court of Appeal, First District, Division 4 (Streeter, Acting P.J.); April 16, 2018; 2018 WL 1790681