The Fifth District reverses a 19-year wage-and-hour class action over improper judicial reference and flawed statistical sampling, reinforcing Duran’s rigorous requirements for misclassification class trials.
The Fifth District holds that Penal Code section 1172.75(f) excludes from resentencing only inmates who were both convicted of a sexually violent offense and sentenced to death or LWOP — reopening SB 483 resentencing for many lifers.
The Fifth District holds that body-worn camera footage showing an officer left a DUI suspect alone in a patrol car during the required 15-minute observation period is sufficient to rebut the presumption that breath test procedures were properly followed.
Fifth District reverses denial of class certification in wage and hour case challenging exclusion of nondiscretionary bonuses from the regular rate of pay, holding that defenses common to all class members do not defeat typicality of the class representative’s claim.
Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution’s reproductive freedom guarantee and Civil Code section 531.
Fifth District enforces a janitorial worker’s mutual arbitration agreement and explains how trial courts should distinguish, but document their departures from, binding California Court of Appeal precedent like Cook v. USC.