SUPERIOR COURT OF CALIFORNIA

LOS ANGELES COUNTY, CENTRAL DISTRICT

ROBERT ROCHER, et al., individually             NO.     BC227551

and on behalf of other members                       

of the general public                                                      CLASS ACTION

                        Plaintiffs,                                               ORDER AFTER HEARING

                                                                                    GRANTING PLAINTIFFS’

vs.                                                                                MOTION FOR CLASS

                                                                                    CERTIFICATION

SAV-ON DRUGS, et al.                                             

                                                                                    Date:                June 22, 2001

                                                                                    Time:                9:00 a.m.

                        Defendants.                                          Dept.:               51

                                                                        /                       Hon. Irving S. Feffer

Plaintiffs' Motion for Class Certification in the above-entitled matter came on for hearing before this Court on June 22, 2001.  Edward J. Wynne, Righetti¨Wynne, appearing for Plaintiffs; W. Randolph Teslik and Joel Cohn, Akin, Gump, Strauss, Hauer & Feld, LLP, appearing for defendant Sav-on Drug Stores, Inc.; Scott A. Brooks, Daniels, Fine, Isreal & Schonbuch, specially appearing on behalf of Mario Gardner.  After reviewing and considering the parties' respective memoranda of points and authorities, issue statements, all admissible evidence, and the oral argument of counsel, the Court makes the following findings of fact and law:

            Plaintiffs’ Motion for Class Certification is hereby GRANTED.  The Court finds that Plaintiffs have satisfied by a preponderance of the evidence the requirements for class certification under California Code of Civil Procedure § 382.  The Court finds that Plaintiffs have established by a preponderance of the evidence both an ascertainable class and a well-defined community of interest among the class members consisting of current and former salaried Operating Managers and current and former salaried Assistant Managers employed by defendant Sav-on Drug Stores, Inc. in California at any time between April 3, 1996 and June 22, 2001, inclusive.  The Court finds that Plaintiffs have established by a preponderance of the evidence (1) common questions of law and fact predominate; (2) Robert Rocher and Connie Dahlin have claims typical of the class; and, (3) Robert Rocher and Connie Dahlin are adequate representatives of the class.  The Court finds that Plaintiffs have established by a preponderance of the evidence that the class action proceeding is a superior to alternate means for a fair and efficient adjudication of the litigation. 

            Accordingly, the Court appoints Robert Rocher and Connie Dahlin as class representatives of the class defined as all current and former salaried Operating Managers and current and former salaried Assistant Managers employed by defendant Sav-on Drug Stores, Inc. in California at any time between April 3, 1996 and June 22, 2001, inclusive.  The Court appoints Righetti¨Wynne and Lorens & Associates as Class Counsel.

            Additionally, and in light of the foregoing, Mario Gardner’s requests, inter alia, to deny certification of the Assistant Managers or, alternatively, to have this Court not rule on Plaintiffs’ motion herein is hereby DENIED.

            Furthermore, the Court orders the matter transferred to the Complex Litigation Department at Central Civil West for a determination on complexity. 

            IT IS SO ORDERED.

Dated:  July                  , 2001                                                                                     

                                                                                    HON. IRVING S. FEFFER

                                                                                    JUDGE OF THE SUPERIOR COURT

                                                                                    STATE OF CALIFORNIA

Approved as to form:

W. Randolph Teslik

Akin, Gump, Strauss, Hauer & Feld, LLP

Attorneys for defendant Sav-on Drug Stores, Inc.