PRETRIAL ADJUDICATION
...Pleading
......Class Actions
.........Generally
............Ascertainable Class-Common Interest
30 Cards On This Topic:

When impractical to bring numerous parties sharing common interest before ct., one or more may sue or defend for benefit of all.

Employer's obligation is to relieve its employee of all duty during meal period; employee can use the period for whatever purpose s/he desires, but the employer need not ensure that the employee is not working during that time.

Class claims for tax refunds against a local governmental entity are permissible under Gov. Code §910 absent a specific tax refund procedure in an applicable governing claims statute.

Medical monitoring class not certifiable where any common issues would be overwhelmed by inquiries necessary to establish individual claims-common issues did not predominate.

Two requirements must be met initially in order to proceed as class action: 1) ascertainable class, 2) community of interest in questions of law and fact.

Without establishment of ascertainable class of Ps, there is no common interest on which to base class action suit.

LC 2802 requires employer to reimburse employees who must use personal cell phones for work-related calls—class certification of such employees wrongfully denied based on erroneous legal standard.

No community of interest where determining whether an individual P has an objectively reasonable expectation that his/her phone conversation will not be recorded is a question of fact subject to individualized proof.

Ds' demurrer to class action allegations properly sustained where no reasonable possibility Ps could show community of interest among potential class members and that individual issues predominated.

No abuse of discretion in denying class cert. motion where proposed class not ascertainable as there was no objective means of determining whether an individual is a member of the proposed class.

Court erred in denying motion to certify class of mobilehome park residents where there was an ascertainable class, and community of interest; Ps should be allowed to amend class descriptions where necessary.

Key factor in Song-Beverly privacy protection is that personal credit card was issued for personal use, not the purpose for which the credit card is used-order denying class cert. reversed; remanded to clarify ascertainability.

Syphilis patients who had to be retreated after wrong drug used should have been certified where common issues predominated over individual issues.

In suit re price difference b/t Vioxx and safer drug, class cert. properly denied where common issues did not prevail, and individual Ps did not have claims typical of drug benefit providers who bought Vioxx for their members.

Regardless of whether trial court erred in amending class definition re employees/independent contractors, Ps failed to establish reversible error as no showing of prejudice.

Trial court incorrectly focused on potential difficulty of assessing limo service's compensation policy in light of variations in how drivers spent on-call time b/t assignments; 2 subclasses must be certified.

Rule from San Jose v. Super. Ct. governs tax refund claims under GC 910 absent specific tax refund statute; class claims are permissible under section 910, and county's claims ordinance inapplicable to avoid class cert.

Trial court erred in denying class cert where P carried his burden of showing community of interest and ascertainable class in suit against car dealer for nondisclosure violations.

Motion for class action in UCL suit against electro-convulsive therapy machine manufacturer properly denied where P failed to establish required elements for class certification.

Class cert denied where factual basis for claim—multiple incineration of human remains—not actionable wrong re UC's willed body program, and no admissible evidence of common 'core fact' of improper disposal at landfill.

Denial of class certification reversed where trial court applied wrong legal criteria and inappropriately dealt with merits of underlying action and judged qualifications of experts.

Class certification order re copper purchasers in 19 states, arguing Ds manipulated price of copper on Exchanges in restraint of trade, vacated do to insufficient community of interest and ascertainability among putative class members.

Class certification order vacated where record did not support a finding of sufficient community of interest among the putative class members, in light of certain conflicts of interest among them.

Homeowners denied insurance benefits after Northridge quake not certified as class where common questions of law and fact did not predominate and individual lawsuits shown to be superior to class action.

Court appropriately denied class certification as to fraud, negligent misrepresentation where proof required on subscriber-by-subscriber basis; unfair competition C/A did not require class cert.

Trial court did not abuse its discretion in certifying suit for recovery of unpaid overtime compensation as a class action where common issues predominated.

Trial ct. erred in sustaining w/out leave to amend ins. co.'s demurrer to insured's class action allegations where she adequately alleged ascertainable class and community of interest.

Must allege facts sufficient to establish ascertainable class, and well defined community of interest in questions of law and fact affecting class members.

Well-defined community of interest essential to maintenance of a class action.

Statutory authority for class action interpreted to provide for procedure even if numbers or persons not so numerous as long as there is question of common or general interest of many people.