Pursuant to California Code of Procedure Section 382, a decision certifying a class will be upheld if there is substantial, even if disputed, evidence that common policies or practices of the defendant resulted in all members of the potential class being affected in the same manner. The trial court granted the motion in part, certifying only a class with respect to the claim for failure to pay vacation pay upon termination of employment. In all other respects, the motion was denied. In response, plaintiffs sought review by means of a petition for writ of mandate. The court of appeal granted this petition, holding that the trial court had erred in failing to certify a class for the overtime pay and the vacation pay calculation claims. The appellate court reasoned that the trial court?s determination that the individual issues of these claims predominated over common ones was not supported by substantial evidence.

Bell v. Super. Ct., 158 Cal. App. 4th (2007).

Back to main