California Supreme Court Ruling To Make Class Certification Process More Rigorous

Court Urges Development of a Trial Plan—at the Time of Class Certification

The California Supreme Court ("Court") on May 29 provided much-needed guidance concerning the proper procedure for certifying and trying a wage hour class action. The Court's ruling will make the class certification process far more rigorous. The Court strongly suggested that a viable trial plan must be presented, by the attorney purporting to represent a class, at the time of class certification. The trial plan must give equal consideration to whether "common" (i.e., class) issues exist and to whether those issues can be tried in a "manageable" way while still respecting the due process rights of the employer. The trial plan must permit the employer to present evidence relevant to issues of both liability and damages and must also permit the employer to assert affirmative defenses as to the class as a whole or to particular members. The Court acknowledged that the class action "procedural