PRETRIAL ADJUDICATION
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Pleading
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Class Actions
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Generally
............Ruling on Certification
3 Cards On This Topic:
Trial court erred in principally rejecting class cert. based not on differences in newspaper’s right to exercise control over deliverers, but on variations in how that right was exercised.
Where the ••sole•• legal basis for trial court’s order granting class cert. was a decision later depublished, the depublication order necessarily constituted a change of law requiring CCP 1008 reconsideration.
Error to deny class cert to insured re UCL C/A as Blue Shield could not raise equitable defense of fraud based on statements insureds made in application for insurance where application not attached to nor endorsed on policy.