Class Action

Pending appellate cases raising Tobacco-related issues

Posted on September 03, 2009
A couple of Court of Appeal cases in which the parties filed supplemental briefs addressing the impact of Tobacco are very close to decision: Shaw v. Bayer Corp. (In re Baycol Cases I & II), no. B204943 (Second Appellate District,...

"Advanced Seminar: Cutting-Edge Topics in Class Action Litigation"

Posted on August 31, 2009
On September 15, 2009, the Alameda County Bar Association will present its Advanced Seminar: Cutting-Edge Topics in Class Action Litigation. Registration begins at 4:30 and the program runs from 5:00-7:00 p.m. at the offices of Wendel, Rosen, Black & Dean,...

Confidential to WAPA attendees (you know who you are)

Posted on August 29, 2009
It was great seeing everyone at the WAPA event yesterday, and special thanks to M.J. for working so hard to organize it. It was very well done and I'm looking forward to next year already. Let's definitely stay in touch...

New Ninth Circuit class certification decision: Rodriguez v. Hayes

Posted on August 27, 2009
In Rodriguez v. Hayes, ___ F.3d ___ (Aug. 20, 2009), the Ninth Circuit reversed an order denying class certification under Rule 23(b)(2) in a federal habeas corpus case. The opinion contains an interesting discussion of the elements of class certification...

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Federal post-Tobacco class certification ruling: Plascencia v. Lending 1st Mortgage

Posted on August 26, 2009
In Plascencia v. Lending 1st Mortg., ___ F.R.D. ___, 2009 WL 2569732 (N. D. Cal. Aug. 21, 2009), the Court (Judge Claudia Wilken) granted class certification of a UCL claim under Federal Rule of Civil Procedure 23(b)(3), finding that common...

New class certification decision: Ali v. U.S.A. Cab Ltd.

Posted on August 25, 2009
In Ali v. U.S.A. Cab Ltd., ___ Cal.App.4th ___ (Aug. 24, 2009), the Court of Appeal (Fourth Appellate District, Division One) affirmed an order denying class certification in a case involving alleged misclassification of workers as independent contractors.

New UCL "safe harbor" decision: Yabsley v. Cingular Wireless, LLC

Posted on August 24, 2009
In Yabsley v. Cingular Wireless, LLC, ___ Cal.App.4th ___ (Aug. 19, 2009), the Court of Appeal (Second Appellate District, Division Six) affirmed a judgment following an order sustaining the defendant's demurrer without leave to amend. Slip op. at 1-2...

Supreme Court announcement re court closure days

Posted on August 20, 2009
The following notice was recently posted on the Supreme Court's website. In a nutshell, we will have to wait an extra day for conference results during the week of the third Wednesday. Due to California's current fiscal crisis the Supreme...

Transfer orders issued in Tobacco "grant and hold" cases: Pfizer and McAdams

Posted on August 19, 2009
Today, the Supreme Court issued transfer orders in the two Tobacco "grant and hold" cases, Pfizer, Inc. v. Superior Court (Galfano), no. S145775, and McAdams v. Monier, no. S154088. McAdams has been transferred back to the Third Appellate District, and...

Complaint in Hiestand v. City of Sacramento

Posted on August 18, 2009
Many thanks to the blog reader who forwarded a copy of the complaint filed on August 11, 2009 in Hiestand v. City of Sacramento. This UCL class action case was discussed in an article in the Recorder last week (see...

List of pending Supreme Court cases updated

Posted on August 17, 2009
My list of pending California Supreme Court cases that raise issues of interest relating to the UCL, the CLRA, and/or class actions has been updated.

"Tort Reform Leader Brings Class Action Over Towed Car"

Posted on August 14, 2009
Today's Recorder has this article about a recently-filed UCL class action. I haven't seen a copy of the complaint yet. If anyone has it, please forward (uclpractitioner@gmail.com). Thanks!

BREAKING NEWS: Rehearing denied in Tobacco

Posted on August 12, 2009
This afternoon, the Supreme Court denied rehearing in In re Tobacco II Cases, no. S147345. According to the docket, Chief Justice George remained recused (notwithstanding a substitution of attorneys filed the day before the rehearing petition) and did not participate...

Invitation to comment on proposed rule on court closure days

Posted on August 11, 2009
As you may have heard, on July 29, the Judicial Council voted to institute court closure days, as authorized by newly-enacted Government Code section 68106. Here is the Report that led to that vote. The Judicial Council has now issued...

Bridgeport's Eighth Annual Class Action Litigation Conference, Aug. 13-14

Posted on August 10, 2009
My partner Miranda Kolbe will be a speaker at Bridgeport's Eighth Annual Class Action Litigation Conference on August 13-14, 2009 at the Hyatt Regency in San Francisco. She will be presenting the plaintiffs' perspective on class certification of UCL claims...

Seventh Circuit decision bearing on standing: Kohen v. Pacific Inv. Management Co.

Posted on August 05, 2009
In Kohen v. Pacific Investment Management Co., ___ F.3d ___, 2009 WL 1919013 (7th Cir. Jul. 7, 2009), Judge Posner had this to say about whether, under federal law, unnamed class members' standing must be proven at the class certification...

New federal decision interpreting Tobacco: Baghdasaarian v. Amazon.com, Inc.

Posted on August 04, 2009
In Baghdasaarian v. Amazon.com, Inc., ___ F.R.D. ___, 2009 WL 2263581 (C.D. Cal. Jul. 7, 2009), the court granted class certification of a UCL "fraudulent" prong claim, and followed Tobacco's holding that only the named class representative must satisfy the...

MCLE program: "Section 17200 Update After In re Tobacco II Cases"

Posted on August 03, 2009
On Wednesday, August 5, 2009 from noon to 1:30, the Bar Association of San Francisco will present "Section 17200 Update After In re Tobacco II Cases" featuring Will Stern and Jim Sturdevant.

Supreme Court discusses UCL "unlawful" prong: Munson v. Del Taco, Inc.

Posted on July 23, 2009
In Munson v. Del Taco, Inc., ___ Cal.4th ___ (Jun. 11, 2009), a case involving disability discrimination under the Unruh Civil Rights Act, the Supreme Court discussed the UCL's "unlawful" prong: Gunther also noted that under its interpretation of section...

Recorder Roundtable: Thanks for Coming!

Posted on July 22, 2009
Thanks to all who attended the Recorder Roundtable on Prop. 64 and Tobacco this morning. I really enjoyed it and learned a lot from my co-speakers, particularly Will Stern and Trent Norris on the defense side, and also of course...

Reminder: Recorder Roundtable on Tobacco Wednesday in San Francisco

Posted on July 20, 2009
Please register to attend the Recorder Roundtable, "Proposition 64: Are the Standards Changing?" scheduled for Wednesday, July 22, 2009, at 9:00 a.m. at the Commonwealth Club in San Francisco. I will be participating along with Will Stern, Reed Kathrein, and...

Massachusetts Supreme Judicial Court strikes down no-class-action arbitration clause: Feeney v. Dell, Inc.

Posted on July 16, 2009
In Feeney v. Dell, Inc., ___ N.E.2d ___ (Jul. 2, 2009), the Supreme Judicial Court of Massachusetts struck down a no-class-action arbitration clause as contrary to public policy: We decide in this case whether a statutory right to participate in...

U.S. Supreme Court takes up CAFA case: Hertz v. Friend

Posted on July 15, 2009
In June, the U.S. Supreme Court granted certiorari in a CAFA case, Hertz Corp. v. Friend, no. 08-1107. Copies of the cert. petition and other briefs are available at SCOTUSBlog. This is the statement of the question presented: Whether, for...

New Ninth Circuit UCL/CLRA pleading decision: Kearns v. Ford Motor Co.

Posted on July 14, 2009
In Kearns v. Ford Motor Co., 567 F.3d 1120 (9th Cir. Jun. 8, 2009), the Ninth Circuit held that "the heightened pleadings standards of Rule 9(b)" applied to UCL and CLRA claims that were "grounded in fraud." In a recent...

Two new opinions on class settlement objections: Consumer Privacy Cases and Clark v. American Residential Services LLC

Posted on July 09, 2009
Two new opinions on class action settlement objections have been handed down in the past two weeks: In Consumer Privacy Cases, ___ Cal.App.4th ___ (Jun. 30, 2009), the Court of Appeal (First Appellate District, Division Five) affirmed the final approval...

Blogosphere coverage of Amalgamated and Arias

Posted on July 08, 2009
The California Wage and Hour Law Blog for Employees (a new law blog created in January by attorney Steve Pearl) has an interesting post on Amalgamated and Arias. The Complex Litigator also has a detailed post.

Welcome to the 21st century: Electronic Discovery Act signed into law in California

Posted on July 02, 2009
At last year's CAOC convention, I pointed out during my presentation, "Discovery Techniques in Class Action Cases," that the California Judicial Council had painstakingly drafted a set of electronic discovery rules for California, but that Governor Schwarzenegger vetoed the implementing...

Recorder Roundtable on Prop. 64, July 22 in San Francisco

Posted on July 01, 2009
A Recorder Roundtable on Prop. 64 has been scheduled for July 22, 2009 from 9:00 to 11:00 a.m. at the Commonwealth Club in San Francisco. I will be one of the panelists, along with Will Stern of Morrison & Foerster...

"Class Status Not Needed for Private AG Suits"

Posted on June 30, 2009
Mike McKee has an article (subscription) in this morning's Recorder on the PAGA holding in Arias and Amalgamated, which is being hailed as "a victory for employees." This morning's Daily Journal has an article on same topic, "Class-Action Rules Eased...

A quick post on the Arias and Amalgamated holdings

Posted on June 29, 2009
The opinions are both up. Here are quick excerpts from the introductions: We hold that an employee who, on behalf of himself and other employees, sues an employer under the unfair competition law (Bus. & Prof. Code, § 17200 et...

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