In Krzesniak v. Cendant Corp., 2007 WL 1795703 (N.D. Cal. June 20, 2007), the court (Magistrate Judge Maria-Elena James) distinguished Walsh v. IKON Office Solutions, Inc., 148 Cal.App.4th 1440 (2007), and granted class certification in a misclassification case:
Finally, in Walsh, the trial court had certified a class of managers, but later decertified the class. Walsh, 148 Cal.App.4th at 1445, 1447, 56 Cal.Rptr.3d 534. The appellate court upheld the decision to decertify based on the lower court's finding that common questions of law and fact did not predominate over individual issues. In decertifying the class, the lower court found that post-certification discovery showed that "the circumstances of each class member's employment differs significantly from every other member of the class." Id. at 1447, 56 Cal.Rptr.3d 534. Here, as discussed above, the Court can make no such finding at this stage in the proceedings. Unlike the plaintiff in Walsh, Plaintiff is not arguing that Defendants could be liable without regard to the work SMs perform. Id. at 1461, 56 Cal.Rptr.3d 534. Further, the proposed class in this case is relatively small and, if such an issue arises after certification, the Court has the ability to manage individual issues through case management procedures, including decertification if deemed necessary. As stated above, there is no "requirement that the courts assess an employer's affirmative exemption defense against every class members' claim before certifying an overtime class action." Sav-On Drug Stores, 34 Cal.4th at 336-37, 17 Cal.Rptr.3d 906, 96 P.3d 194.
Id. at *17.