Opinion
No. 14-56706
10-24-2016
NANCY VITOLO, individually, and on behalf of other members of the general public similarly situated, Plaintiff-Appellant, v. BLOOMINGDALE'S, INC., an Ohio corporation, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:09-cv-07728-DSF-PJW MEMORANDUM Appeal from the United States District Court for the Central District of California
Dale S. Fischer, District Judge, Presiding Argued and Submitted October 6, 2016 Pasadena, California Before: PREGERSON, NOONAN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. --------
We vacate the district court's judgment and remand to the district court for further proceedings in light of the California Supreme Court's decision in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the Ninth Circuit's decision in Sakkab v. Luxottica Retail North America, Inc., 803 F.3d 425 (9th Cir. 2015), and the California Court of Appeal's decision in Perez v. U-Haul Co. of California, No. B262029, 2016 WL 4938809 (Cal. Ct. App. Sept. 16, 2016).
VACATED AND REMANDED.
The parties shall bear their own costs on appeal.