Denial Of Class Certification Motion Reversed.

In opposing class certification in a wage and hour case involving the potential of 53 class members, defendant produced 38 settlement agreements with putative class members, most of which provided they “released” defendant “from any and all liability” as well as 24 arbitration agreements with putative class members. The trial court found that a proposed class was not sufficiently numerous because a majority of the putative class members had entered into releases and arbitration agreements with defendant. In reversing the appellate court stated: “We find that the order must be reversed on the following grounds: (1) the court’s analysis of the “numerosity” factor was incorrect; (2) the court improperly considered the merits of the defendant’s affirmative defenses; and (3) the court denied the plaintiffs due process by failing to grant them an adequate opportunity to perform discovery on and brief certification issues.” (Hendershot v. Ready to Roll Transportation, Inc. (Cal. App. Second Dist., Div. 3; August 14, 2014) 228 Cal.App.4th 1213, [175 Cal.Rptr.3d 917].)