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First American Title Inc. Co. v. Superior Ct. (Sjobring), B194004

In an action alleging unlawful title insurance practices, an order granting motion to a class action representative plaintiff, who is not a member of the class he purports to represent, in order to obtain precertification discovery for the express purpose of identifying a member of the class who is willing to become a named plaintiff is vacated, as the current plaintiff is a stranger to the action. The grant of such discovery would sanction an abuse of the class action procedure.

Appellate Information

  • Decided 01/25/2007
  • Published 01/25/2007

Judges

  • CROSKEY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bryan Cave,Charles A. Newman, Jason E. Maschmann, Howard O. Boltz and Jennifer A. Jackson, Santa Monica, for Petitioners., Bernheim Law Firm, Bernie Bernheim, Justin A. Shiau;  Kicklaw Firm, Taras Kick and Graig Woodburn for Real Parties in Interest, Jeffrey Albert Sjobring.

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