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Sali v. Corona Reg'l Med. Ctr.

United States Court of Appeals for the Ninth Circuit

February 16, 2018, Argued and Submitted, Pasadena, California; November 27, 2018, Amended

No. 15-56460



MENDOZA, District Judge

Marlyn Sali and Deborah Spriggs ("Sali and Spriggs") appeal the district court's denial of class certification in this putative class action alleging employment claims against Corona Regional Medical Center and UHS of Delaware, Inc. (collectively "Corona").3 Sali and Spriggs [**4]  moved for certification of seven classes of Registered Nurses ("RNs") they allege were underpaid by Corona as a result of certain employment policies and practices. The district court denied certification on the basis that (1) Federal Rule of Civil Procedure 23(a)'s typicality requirement is not satisfied for any of the proposed classes because Sali and Spriggs failed to submit admissible evidence of their injuries; (2) Plaintiff Spriggs and proposed class counsel have not demonstrated they will adequately represent the proposed classes; and (3) several proposed classes fail to satisfy Rule 23(b)(3)'s predominance requirement. Because the district court abused its discretion by relying on each of these reasons to deny class certification, we reverse.


Corona operates a hospital in Southern California that employs hourly-wage RNs. Sali and Spriggs are RNs formerly employed by Corona. They assert that a number of Corona's employment policies and practices with respect to RNs violate California law and have resulted in underpayment of wages. They filed this putative class action in California State Court on behalf of "all RNs employed by Defendants in California at any time during the Proposed Class Period who (a) were not paid [**5]  all wages at their regular rate of pay; (b) not paid time and a-half and/or double time for all overtime hours worked; and (c) denied uninterrupted, 'off-duty' meal-and-rest periods." They allege Corona violated California law by (1) failing to pay all regular hourly wages; (2) failing to pay time-and-a-half for all overtime; (3) failing to pay double time for all hours worked in excess of twelve hours in a day; (4) not providing compliant meal and rest breaks; (5) failing to timely pay all wages due to separated former employees within seventy-two hours of separation; and (6) failing to provide accurate itemized wage statements. Corona removed the case to the United States District Court for the Central District of California.

 [*1001]  Sali and Spriggs moved for certification of the following seven classes:

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909 F.3d 996 *; 2018 U.S. App. LEXIS 33250 **

MARLYN SALI and DEBORAH SPRIGGS, on behalf of themselves, all others similarly situated and the general public, Plaintiffs-Appellants, v. CORONA REGIONAL MEDICAL CENTER; UHS OF DELAWARE INC., Defendants-Appellees.

Subsequent History: US Supreme Court certiorari dismissed by Corona Reg'l Med. Ctr. v. Sali, 139 S. Ct. 1651, 203 L. Ed. 2d 921, 2019 U.S. LEXIS 3152 (U.S., May 3, 2019)

Prior History:  [**1] Appeal from the United States District Court for the Central District of California Phillip S. Gutierrez, District Judge, Presiding. D.C. No. 5:14-cv-00985-PSG-JPR.

Sali v. Corona Reg'l Med. Ctr., 2018 U.S. App. LEXIS 33249 (9th Cir. Cal., Nov. 27, 2018)


district court, class certification, declaration, proposed class, predominance, rounded, rounding-time, questions, admissible evidence, class member, nurses, wage-statement, evidentiary, meal, certification, Plaintiffs', clock-in, abused, class representative, inadmissible, injuries, overtime, wages, named plaintiff, individualized, depositions, employees, premiums, damages, abuse of discretion

Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, De Novo Review, Special Proceedings, Class Actions, Appellate Review, Clearly Erroneous Review, Questions of Fact & Law, Prerequisites for Class Action, Adequacy of Representation, Commonality, Numerosity, Typicality, Predominance, Superiority, Certification of Classes, Prerequisites for Class Action, Evidence, Admissibility, Class Members, Named Members, Class Attorneys, Business & Corporate Compliance, Labor & Employment Law, Wage & Hour Laws, Wage Payments