California Appellate Tracker

Hamilton v. Wal-Mart Stores, Inc., Nos. 19-56161, 20-55223, 2022 U.S. App. LEXIS 18111 (9th Cir. June 30, 2022)

July 3, 2022

A PAGA suit is not a class action and need not satisfy Rule 23 requirements, including the requirement of manageability. In light of PAGA’s structure and purpose, imposing a manageability requirement in PAGA cases akin to that imposed under Rule 23(b)(3) would not constitute a reasonable response to a specific problem and would contradict California law by running afoul of the key features of PAGA actions. Also, in a PAGA suit, the plaintiff’s initial disclosures under Rule 26(a) do not need to disclose the amounts the plaintiff seeks to recover since the recovery is of statutory penalties, not damages. Rule 26(a) requires only disclosure of damages.

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California Appellate Tracker

Hamilton v. Wal-Mart Stores, Inc., Nos. 19-56161, 20-55223, 2022 U.S. App. LEXIS 18111 (9th Cir. June 30, 2022)

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