Lampe v. Queen of the Valley Med. Cntr., No. A146588 (D1d4 Jan 23, 2018)
Duran seems to be all the rage lately.
This is another wage and hour class action where Plaintiff failed to establish a uniform and unlawful policy, whether official or de facto, that applied across the various sub-classes it defined. Although Plaintiff provided declaration evidence of noncompliance with various wage and hour requirements from various class members, Defendant provided its own declarations to the contrary. In the absence of something that tied it all together—like the kind of rigorous statistical analysis showing a likely pattern of violations that was offered in In re ABM—Plaintiff can’t show that common issues predominate.
Affirmed.
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