Bates v. Rubio's Rest., Inc., No. G041231

In a $7.5 million settlement agreement arising from a wage and hour class action lawsuit, trial court judge's order vacating an earlier ruling that the 140 late-identified class members should receive notice and then recusing himself from any further proceedings in the matter is affirmed where: 1) when a judge is not disqualified at the time of making the first ruling, the first ruling does not become void just because the judge later disqualifies himself in the interests of justice and encapsulates both rulings in one minute order; and 2) defendant's argument that the judge's order vacating the prior ruling about the 140 late-identified class members must be reversed is rejected.     

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Appellate Information

Filed November 30, 2009

Judges

Opinion by Judge Moore

Counsel
For Appellant:   Irell & Manella, Gregory R. Smith, Andra Barmash Greene and Julie M. Davis

For Appellee:  Righetti Law Firm, Matthew Righetti, John Glugoski; McInerney & Jones, Kevin J. McInerney, Kelly McInerney and Charles A. Jones