PRETRIAL ADJUDICATION
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Pleading
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Class Actions
.........Common Interest
34 Cards On This Topic:
Class action may be brought in consumer actions.
Trial court did not abuse its discretion in certifying suit for recovery of unpaid overtime compensation as a class action where common issues predominated.
Certification of proposed class cannot be denied based on court's preliminary assessment that C/A alleged for class lacks sufficient merit.
Counties, cities, other political subdivs may bring class action in fed. ct. for injuries resulting from antitrust violations under Cartwright Act.
Common Interest shown in case involving consumer actions.
Common Interest shown in case involving consumer actions.
Common misrepresentation in sale of goods is a sufficient "common interest" for a class action.
Adequate common interest when labor contractor makes fraudulent representations to potential employees.
Common interest exists in determining effect of adhesion K in trust deeds.
Common misrepresentation in sale of goods is a sufficient "common interest" for a class action.
Common interest shown in common fund or property on dissolution of association and subsequent asset distribution.
Class-wide relief remains the preferred method of resolving wage and hour claims, even those in which the facts appear to present difficult issues of proof; trial court erred in denying cert.
No error in denying class cert. where proposed class of Auto Club members was overbroad, lacked commonality, and P's claims and defenses were not typical of the class.
Order denying class cert. re employee uniform purchases and mileage reimbursement affirmed where common questions did not predominate and class action procedure was not the superior method for resolving the lawsuit.
Trial ct. properly refused to certify class of consumers who bought imported items labeled made in U.S. from target's Web site where class overbroad/not ascertainable—most absent class members never saw online designation.
In class action suit re therapy coverage for autistic members, trial court erred in sustaining Kaiser's demurrer w/out leave to amend based on judicial abstention and lack of commonality.
Class certification properly denied DIRECTV subscribers where they stood in a myriad of positions re essential allegation they were induced to purchase HD services with false advertising.
Trial court did not err in refusing certification to putative class of taxi lessees treated as independent contractors rather than employees.
As HP’s liability to class overall is subject to a review by facts common to all class members, it is appropriate for class treatment.
Where very nature of class "cries out for a class treatment", trial court based its certification denial for lack of commonality on improper criteria and erroneous legal assumptions.
Trial court properly certified class of FedEx drivers where clear that common issues — whether the drivers were employees and, if so, which expenses would be reimbursable — predominated.
Trial court properly denied class cert to grocery managers after expressly recognizing and fulfilling its obligation to weigh common issues against individual issues to determine which were predominant.
Ps, Northridge quake victims, could not prove community of interest and superiority, where each putative member's potential recovery would involve individual assessment of property, damages and claims practices used.
To establish liability for nondisclosure under UCL or CLRA, Ps need not present individual proof that each class member relied on particular representations made by Mass Mutual or agents in purchasing vanishing premium policies.
Manageable class action maintainable as to breach of express and implied warranty re new home foundations where class ascertainable and common questions of law and fact predominated.
Class certification properly denied where no well-defined community of interest among purported class members and individual questions predominated.
Court affirmed that class settlement agreement was not product of fraud or collusion; was fair, adequate, and reasonable; and national class was properly certified.
Pre-1947 major league baseball players suing for damages for baseball's commercial use of their names and likenesses failed to meet community of interest requirement to certify them as class.
Common interest shown in case involving rights of welfare recipients.
Common interest shown in case involving rights of mobile home park tenants.
Existence of automobile price-fixing conspiracy is predominate common issue determinative of liability to all class members.
There is common interest in whether class members wrongfully deprived of pension benefits by an improper method of computation.
Consumer Legal Remedies Act sets out exclusive criteria for a call certification in a consumer case.
Common interest shown in cases involving claims by tract home owners.