Swann v.
Specialty’s Café and Bakery
Filed 5/6/13 Swann v. Specialty’s Café
and Bakery CA1/2
BE PUBLISHED IN 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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
FIRST APPELLATE DISTRICT
DIVISION TWO
RACHEL SWANN,
Plaintiff
and Respondent,
v.
SPECIALTY’S CAFE AND BAKERY,
Defendant
and Appellant.
A134911
(San Francisco County
Super. Ct. No. CGC-11-514748)
BY
THE COURT:
Rachel Swann filed a class action against her
former employer, Specialty’s Café & Bakery, Inc. (Specialty’s), alleging
claims for unpaid overtime and failure to provide meal breaks and rest
periods. Specialty’s filed a
trial court denied, concluding that Specialty’s failed to demonstrate an
agreement to arbitrate and, moreover, that whatever agreement did exist was
unconscionable. Specialty’s appealed.
By letter of December 19, 2012, we notified counsel for Specialty’s “that the
court, acting on its own motion, is considering the imposition of sanctions on
appellant and/or its counsel for taking a frivolous
appeal or appealing solely to cause delay.
(See Cal. Rules of Court, rule 8.276(a)(1); In re Marriage of Flaherty (1982) 31 Cal.3d 637, 654;
Cal.App.4th 747, 753.)†We allowed
letter briefs from the parties on the issue, which were received.
The matter came on for argument on February
20, 2013, at which the
issue of sanctions was addressed, along with the substance of the appeal. At the conclusion of the hearing we requested
declarations from counsel on the issue of sanctions, which have also been
received. Meanwhile, on March 15,
Specialty’s also filed a request to dismiss the appeal, and then by letter of April 11,
2013, counsel advised
the court that the case had settled. We
ordered counsel to appear and they did, on May 1, 2013. We deny
sanctions and dismiss the appeal.
Dated:
_____________________
name="_ftn1" title="">[1] Before Kline, P.J., Haerle, J., and Richman, J.
