California Court of Appeal
Hewlett-Packard Co. v. Superior Court of Santa Clara County, H031594
In an action alleging that petitioner-Hewlett Packard's Pavilions series notebook computers suffer from a manufacturing defect, petition for writ of mandate directing the trial court to vacate an order certifying a class in this action is denied where: 1) the trial court did not abuse its discretion in certifying the class in this case; 2) the principles of Daugherty v. American Honda Co., Inc., 144 Cal.App.4th 824 (2006), do not serve to undermine the community of interest required to certify a class in the present case; 3) when applied, Daugherty goes to the merits of the claim, rather the procedural question of class determination; and 4) petitioner's liability to the class overall is subject to a review by facts common to all class members, and as such, it is appropriate for class treatment.
- Decided 09/26/2008
- Published 09/26/2008
- RUSHING, P.J.
- California Court of Appeal
- For Appellant:
- Michael J. Stortz,Rodney M. Hudson, Drinker Biddle & Reath, San Francisco, Attorneys for Petitioner Hewlett-Packard Company., Robert S. Green, Jenelle Welling, Green Welling, San Francisco, William A. Kershaw, Stuart C. Talley, Kershaw, Cutter & Ratinoff, Sacramento, Attorneys for Real Parties in Interest Ed Rutledge et al.