Employment Development Department V. Superior Court Of Sacramento County

Petitioners California Employment Development Department and related public agencies and officials, defendants in the underlying action (defendants), seek mandate or prohibition to compel the trial court to vacate its order certifying the suit as a class action. Defendants contend primarily that the trial court lacked authority to approve class certification after the principal legal issue in the case had been decided on the merits.*fn1 The trial court found, however, that defendants had waived any right they might have had to insist on a determination of class certification before a decision on the merits. Although defendants challenge that finding, our decision in Civil Service Employees Ins. Co. v. Superior Court (1978) 22 Cal. 3d 362 [149 Cal. Rptr. 360, 584 P.2d 497] directly supports it. Accordingly, we conclude that the requested writ must be denied.