Bermudez Vaquero v. Ashley Furniture, No. 13-56606 (9th Cir. 2016)
Annotate this CasePlaintiff filed suit on his own behalf and also moved to represent 605 former and current sales associates as a class, alleging that Stoneledge requires sales associates to perform many tasks unrelated to sales. Plaintiff claimed that Stoneledge does not pay its sales associates for such work, beyond what they earn in commissions, and this policy violates California wage and hour laws. The district court granted class certification under Federal Rule of Civil Procedure 23. The court concluded that the district court permissibly concluded that plaintiff had pleaded a common injury capable of class-wide resolution; where the need for individual damages calculations does not, alone, defeat class certification, the district court permissibly ruled that individual claims did not predominate in this case; and the district court did not violate the Rules Enabling Act, 28 U.S.C. 2072(b), or abuse its discretion in certifying the class. Accordingly, the court affirmed the judgment.
Court Description: Class Certification. The panel affirmed the district court’s order granting class certification under Fed. R. Civ. P. 23 to a plaintiff representing a class of former and current sales associates of Stoneledge Furniture, LLC, alleging violations of California’s minimum wage and hour laws. The panel held that plaintiff established commonality, as required by Fed. R. Civ. P. 23(a), and the district court permissibly concluded that plaintiff pleaded a common injury capable of class-wide resolution. The panel also held that plaintiff established the predominance of class claims, as required by Fed. R. Civ. P. 23(b)(3); and the district court permissibly ruled that individual claims did not predominate in this case. Finally, the panel held that class certification did not alter the parties’ substantive rights, and the district court did not violate the Rules Enabling Act in certifying the class. VAQUERO V. ASHLEY FURNITURE 3
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