McDonald’s defeats attempt to expand class action
Clients McDonald's Corporation
On February 15, 2017, Jones Day and client McDonald’s Corporation successfully blocked plaintiffs’ attempt to certify three new theories of liability in a statewide wage and hour class action. If successful, plaintiffs’ attempt would have added new meal break, business expense reimbursement, and wage statement claims to the action.
Judge Ann I. Jones of the Los Angeles Superior Court had previously struck the theories as improperly raised on reply in plaintiffs’ first motion for class certification, but allowed plaintiffs to file a second motion for class certification reasserting the stricken theories. McDonald’s defeated plaintiffs’ attempt to certify these theories a second time. The court agreed with McDonald’s that plaintiffs had failed to meet their burden of demonstrating class-wide policies and injuries, and also had not shown that their claims could be feasibly tried on a class-wide basis. The court also granted McDonald’s motion to strike plaintiffs’ attempt to assert additional theories of liability beyond the three theories the court gave them leave to include in their second motion for class certification, and agreed with McDonald’s that the court should disregard new evidence improperly submitted with plaintiffs’ reply.
Sanchez v. McDonald’s Restaurants of California, Case No. BC499888 (Super Ct. Los Angeles Cty., Cal.)