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California Superior Court Denies Provident Savings Bank Motion To Strike Plaintiffs’ Class Action Allegations

On September 26, 2014, California Superior Court Judge Hernandez denied Provident’s motion to strike Plaintiffs’ class action allegations. The Plaintiffs in the case are Provident mortgage underwriters, who allege that Provident misclassified them as exempt from overtime pay. Provident argued that because a similar case had previously been filed in federal court Plaintiffs were precluded from bringing their claims as a class action in state court. The Judge denied Provident’s motion, ruling that Plaintiffs could proceed with their class allegations.