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Jose Fernandez et al v. Bank of America, N.A. et al

REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class 36

21 Cited authorities

  1. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,052 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"

  2. Ellis v. Costco Wholesale Corp.

    657 F.3d 970 (9th Cir. 2011)   Cited 1,118 times   17 Legal Analyses
    Holding that plaintiffs' commonality must connect to their claim for class relief

  3. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,613 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

  4. Vinole v. Countrywide Home Loans

    571 F.3d 935 (9th Cir. 2009)   Cited 622 times   13 Legal Analyses
    Holding that district court abused its discretion in certifying class by relying on uniform exemption policy "to the near exclusion of other factors"

  5. Parsons v. Ryan

    754 F.3d 657 (9th Cir. 2014)   Cited 466 times
    Holding that the "policies and practices to which all members of the class are subjected . . . are the 'glue' that holds together the putative class . . . either each of the policies and practices is unlawful as to every inmate or it is not"

  6. In re Wells Fargo Home Mortg

    571 F.3d 953 (9th Cir. 2009)   Cited 267 times   9 Legal Analyses
    Holding that class certification may be denied when "a fact-intensive inquiry into each potential plaintiff's employment situation" is required

  7. Hambleton Bros. Lumber v. Balkin Enterprises

    397 F.3d 1217 (9th Cir. 2005)   Cited 266 times
    Holding that compliance with Fed.R.Civ.P. 30(e) and 30(f) is an absolute prerequisite for correcting a deposition under Rule 30(e)

  8. Duran v. U.S. Bank National Assn.

    59 Cal.4th 1 (Cal. 2014)   Cited 182 times   16 Legal Analyses
    Finding a flaw in the "size of the sample group" and holding, in general, that "[t]he more diverse the population, the larger the sample must be in order to reflect the population accurately"

  9. Vaquero v. Ashley Furniture Indus., Inc.

    824 F.3d 1150 (9th Cir. 2016)   Cited 104 times   3 Legal Analyses
    Holding that "the need for individual damages calculations does not, alone, defeat class certification"

  10. Noble v. 93 Univ. Place Corp.

    224 F.R.D. 330 (S.D.N.Y. 2004)   Cited 120 times
    Holding that "individualized damages inquiries do not bar certification."

  11. Section 1171 - Applicability of chapter; participation in national service program

    Cal. Lab. Code § 1171   Cited 96 times   2 Legal Analyses
    Stating the provisions of that chapter "shall not include any individual employed as an outside salesman . . . ."

  12. Section 541.200 - General rule for administrative employees

    29 C.F.R. § 541.200   Cited 894 times   92 Legal Analyses
    Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers

  13. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 340 times   16 Legal Analyses
    Adopting this provision of the former CFR