PRESS RELEASE
5 June 2026

San Diego Team Secures Defense Win Defeating Plaintiffs’ Motion For Class Certification In Wage And Hour Lawsuit

LB
Lewis Brisbois Bisgaard & Smith LLP

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Founded in 1979 by seven lawyers from a premier Los Angeles firm, Lewis Brisbois has grown to include nearly 1,400 attorneys in 50 offices in 27 states, and dedicates itself to more than 40 legal practice areas for clients of all sizes in every major industry.
A San Diego legal team successfully defeated a motion for class certification in a wage and hour lawsuit, with the court ruling that plaintiffs failed to establish ascertainability
United States

Partner Rita Kanno and Associates Elijah Gaglio and Paola Perkins secured a significant defense win on behalf of their defendant client as the Los Angeles County Superior Court denied the plaintiffs' motion for class certification in a wage and hour lawsuit.

On April 2, 2026, the Superior Court of California, County of Los Angeles (Department 15), denied the plaintiffs' motion for class certification in its entirety. The Court held that the plaintiffs failed to establish ascertainability of their proposed classes and did not present substantial evidence showing that common questions of law or fact would predominate. The Court emphasized that an individualized, fact-intensive analysis of the alleged misclassification issues across multiple departments and job titles would be required. The Court further found that the plaintiffs' subclass claims rose and fell with the threshold misclassification question, and therefore, were likewise not suitable for class treatment.

"This ruling reinforces that certification cannot proceed where proposed classes are defined by vague, subjective criteria and where liability would turn on employee-by-employee assessments," said Ms. Kanno. "Our team demonstrated that the plaintiffs' theories required numerous mini-trials across disparate roles and departments—precisely the scenario that defeats predominance and ascertainability. We are pleased the Court agreed and protected our client from an unmanageable class action."

Mr. Gaglio added: "We focused the Court on the evidentiary burden for class certification and the practical reality of the plaintiffs' trial plan. The decision underscores the importance of rigorous, record-driven analysis at certification. It is a meaningful win for our client and maybe a good roadmap for opposing overbroad, amorphous class definitions."

"The hours spent interviewing numerous employees and drafting their declarations were a vital investment in this case," said Ms. Perkins. "Ultimately, these employee declarations were the key factor in demonstrating that the plaintiffs' class certification was completely unwarranted."

Contributor

Founded in 1979 by seven lawyers from a premier Los Angeles firm, Lewis Brisbois has grown to include nearly 1,400 attorneys in 50 offices in 27 states, and dedicates itself to more than 40 legal practice areas for clients of all sizes in every major industry.
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