California Court of Appeal

In the class action context, there is no bright-line rule that the original class representative plaintiffs must be members of the class to have standing to obtain precertification discovery. In the circumstances of this action against a lender alleging violation of plaintiffs' privacy rights, the trial court did not err by applying a balancing test and ordering precertification discovery for the purpose of identifying class members who may become substitute plaintiffs in place of named plaintiffs who were not members of the class they purported to represent.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• McDONALD, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Finlayson, Augustini & Williams, Jesse S. Finlayson, and Michael R. Williams, Sacramento, for Petitioner., Law Offices of Douglas J. Campion, Douglas J. Campion, San Diego;  Hyde & Swigart and Joshua B. Swigart, San Diego, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.