A Los Angeles federal judge on Friday voiced doubts about certifying a 16,000-member class of current and former Cedars-Sinai Medical Center workers in a lawsuit alleging excessive fees and underperforming investments in the hospital’s $2 billion retirement plan.
U.S. District Judge Josephine L. Staton questioned whether one proposed lead plaintiff, Lillian Mena, is fit to represent the class, citing her inability to answer deposition questions about the case. “I don’t know how she qualifies as an adequate representative,” the judge said during the hearing, adding that she had never seen a plaintiff show such a lack of understanding.
Counsel for the proposed class, Christina Humphrey, argued that Mena was merely nervous during questioning and grasped the essential issues. Cedars-Sinai’s attorney, Richard Birmingham of Davis Wright Tremaine LLP, countered that neither Mena nor the other proposed lead plaintiff, Asia Fowler, demonstrated sufficient knowledge of the case.
Judge Staton also raised concerns about whether the plaintiffs meet the commonality and typicality requirements for class certification, noting that both plaintiffs invested in only one of the plan’s two funds and paid lower fees than some class members.
