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Too many plaintiffs in a small pool

A pool too small has no class, according the the California Appellate Court, which denied class status on consumer claims against retailer, Thrifty Payless, for selling a pool that was smaller than advertised.

Noel appealed.  The Appeals court held:

“Class counsel filed the class certification motion without first conducting prematurely.  The appellate court found that plaintiff’s counsel had not conducted sufficient discovery and could not meet its burden of demonstrating there are means of identifying members, so those members can be notified of the litigation.  That failing jeopardizes the due process rights of absent class members.  Rather than relieve the class representative of the obligation to make such a showing—as Noel’s counsel seems to suggest, the Appellate Court affirmed the trial court’s denial of the class certification motion.”

Sponsored by:  Ted Broomfield Law, a leading personal injury and privacy lawyer in the San Francisco Bay Area.


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