California Court of Appeal
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.