Quote of the Day: Wage & Hour Certification Hearings
June 11, 2008
Retired Alameda County Superior Court Judge Ronald Sabraw says that motions for class certification are becoming so complex that preparing for one has become almost like preparing for trial both in terms of discovery and presentation of evidence.
"The days of having a 30-minute class certification hearing are long gone."
It depends upon the case, of course. We had one last year that was slightly under 30 minutes. We had another that fit well within Judge Sabraw's description.
I wonder if this sentiment leads to any helpful case law. Specifically, last week Judge Levinger, Santa Clara Superior, denied a very strong motion for class certification, with a very weak opposition, with no hearing (she said I have no questions and don't want to hear what is already in your papers. Submitted?), and then denied without an opinion and refused to issue a statement of decision when requested because she was not required to do so. I am appealing to the Sixth, but these comments caught my eye. Any thoughts appreciated.
Posted by: mary dumont | June 16, 2008 at 09:48 AM