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.