Brinker Restaurant Corporation, Petitioners v. the Superior Court of San Diego County, R — Werdegar, J…

Summary

The concurrence joins the court's opinion but emphasizes that meal-period claims are not categorically uncertifiable merely because individual reasons for missed breaks may differ. It explains that missing employer records support a rebuttable presumption, that waiver is an affirmative defense the employer must plead and prove, and that manageability depends on the practical handling of individual issues. The concurrence leaves the trial court to determine on remand whether class treatment is manageable in this case.