Silva v. See’s Candy Shops, Inc.

Employer did not violate California’s minimum wage laws by its policies of rounding employees’ work clock times to the nearest tenth of an hour or by allowing employees up to ten minutes uncompensated time before and after shifts in which to clock in or out.  In this individual and class action as well as PAGA…

Briseno v. ConAgra Foods, Inc.

Federal Rule of Civil Procedure 23 does not require that a plaintiff demonstrate that it is administratively feasible to identify class members as a prerequisite to class certification.  Joining the Sixth, Seventh and Eighth Circuits and there is no independent requirement under FRCP 23 that a plaintiff demonstrate that it is administratively feasible to identify…

Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co.

A Court of Appeals lacks appellate jurisdiction over a order remanding a case that was removed based on federal question jurisdictional grounds, rather than on diversity grounds under CAFA.  28 USC 1453(c) permits appeals from remand orders, in the Court of Appeal’s discretion, in class action cases removed under “this section.”  This decision holds that…

Nicodemus v. Saint Francis Memorial Hospital

A class was ascertainable and should have been certified since the class was properly defined by objective criteria and its members could be identified from defendant’s records, even if those records also included an unknown number of non-class members.  The trial court erred in denying class certification in this case challenging the charges Healthport Technologies…

Duran v. Obesity Research Institute, LLC

Approval of a class action settlement in a case of alleged false advertising of weight loss products is reversed because the claim form misinformed class members as to key aspects of the settlement agreement that had been approved by the court.  Approval of a class action settlement in a case of alleged false advertising of…

Choi v. Mario Badescu Skin Care, Inc.

A class notice of settlement need not comply with Civ. Code 1781(d)’s requirement of publication of notice of a CLRA class action once a week for four weeks in the county in which the transaction occurred; that statute only applies in the context of a contested class certification.  When it is impractical to give individual…

Stetson v. Grissom

A district judge’s order slashing class counsel’s compensation by 70% in wake of a common fund settlement is overturned for failure to explain adequately the basis for the reduction.  Following Stanger v. China Electric Motor, Inc. (9th Cir. 2016) 812 F.3d 734, this decision reverses another fee award by Judge Manuel Real which slashes class…

Allen v. Boeing Co.

The local controversy exception to federal CAFA jurisdiction applied in this pollution class action because the plaintiffs sought significant relief from and based their suit in significant part on a nondiverse defendant’s negligence in performing its contract to remediate the diverse defendant’s pollution.  In deciding whether the local controversy exception to CAFA jurisdiction applies, the…

Yamada v. Nobel Biocare Holding, AG

The trial court violated a class action defendant’s due process rights by awarding plaintiffs’ attorneys fees based on their time records which the court reviewed in camera and refused to let the defendant see.  In a class action, the trial court entered a fee award to plaintiffs’ attorneys based on their time records which it…

Radcliffe v. Hernandez

California’s general rule requiring automatic disqualification of counsel involved in a simultaneous conflict of interest does not apply to or require disqualification of the counsel for plaintiffs in a class action who drafted a settlement that gave named class representatives an interest in conflict with unnamed class members’ interests.   In Radcliffe v. Experian Information Solutions,…

Tyson Foods, Inc. v. Bouaphakeo

Statistical evidence may be used to prove liability in a class action if it would be admissible to prove liability in an individual suit on the same claim.  Refusing to adopt a brightline rule barring use of statistical evidence to establish liability in a class action, the Supreme Court holds instead that whether a representative…

Hernandez v. Restoration Hardware, Inc.

Unless he moves to intervene, an unnamed class member lacks standing to appeal an attorney fee award to class counsel following entry of a class action judgment; mere objection to class counsel’s motion for a fee award does not suffice.  Finding itself bound to follow Eggert v. Pac. States S. & L. Co. (1942) 20…