Duran Didn't Change the Scene

Martinez v. Joe’s Crab Shack Holdings, No. B242807 (D2d7, as modified Dec. 3, 2014)

In this case, the panel had previously reversed a denial of class cert in an employment case. But after the California Supreme Court decided Duran— a case that involved proof by statistical sampling in the class action context—the Supreme Court, which had granted review, transferred the case back to the panel for reconsideration in light of its opinion. The court here modifies its prior option to address Duran but ultimately comes out the same door, particularly given the supreme court’s subsequent decision in Ayala.

In Control ...

Ayala v. Antelope Valley Newspapers, No. S206874 (Cal. June 30, 2014)
 
Yet again, a trial court gets reversed for denying cert in a wage and hour case. This time, the case involves newspaper delivery persons who claim to have been misclassified as independent contractors, which deprived them of overtime and other employee protections. The trial court focused on the degree of control the paper actually exerted over the workers performance of their duties. Based on the disparate results of its analysis—some were micromanaged while others left to their own devices—it found that common issues didn’t predominate so it declined to certify the class.