Important post Duran v U.S. Bank California Decisions
Martinez v. Joe’s Crab Shack Holdings (2014) 231 Cal.App.4th 362. Denial of certification reversed in misclassification case finding that statistical sampling is relevant to the liability determination but rejecting plaintiffs’ plan because it “lacked the specificity contemplated by Duran.”
• Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal.App.4th 1137. Reversing denial of certification in Calif. Labor Code sec. 2802 case and directing trial court to apply the principles in Duran regarding statistical sampling.
• Jimenez v. Allstate Ins. Co. (9th Cir. 2014) 765 F.3d 1161. Affirming grant of class certification in off-the-clock case. Representative evidence to determine defendant’s liability was consistent with due process but not with respect to damages. Bifurcation “preserved both Allstate’s due process right to present individualized defenses to damages claims and the plaintiffs’ ability to pursue class certification on liability issues.” 32 Post-Duran Opinions
• Mies v. Sephora U.S.A., Inc. (2015) 234 Cal.App.4th 967. Denial of certification affirmed in misclassification case. Plaintiff’s “undeveloped and unsubstantiated” proposal for statistical evidence not sufficient.
• Hale v. Sharp Healthcare (2014) 232 Cal.App.4th 50. Decertification affirmed in consumer class action. Proposal to use statistical sampling not “an adequate evidentiary substitute for establishing commonality or entitlement to damages…”
• Trahan v. U.S. Bank N.A. (N.D Cal. July 29, 2014) 2014 WL 3750053. Order denying motion to approve survey in related case to Duran. Finding that if the survey is to be done anonymously, court could not reconcile with a defendant’s right to discovery.
– State of Oklahoma v. Tyson Foods, Inc. (N.D. Okla., March 11, 2009) 2009 WL 10271835. (allows surveys to be anynomous) Granting protective order and denying motion to compel identifying information on survey respondents. – Federal Judicial Center, Reference Manual on Scientific Evidence, 3d. ed., p. 417. Affirming that survey respondents are unavailable for cross-examination
