California Court of Appeal

In plaintiffs' products liability suit against defendant for manufacturing shower pans that allegedly resulted in water damage, trial court's order denying class certification is affirmed as the trial court did not abuse its discretion when it found class certification inappropriate as there was substantial evidence from which the court could have concluded that the sole common issue did not predominate over individualized questions of damages, and there is substantial evidence from which the court could have concluded that the proposed plaintiffs did not adequately represent the interests of the class.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Epsten Grinnell & Howell, Douglas W. Grinnell and Steven L. Banks, San Diego, for Plaintiffs and Appellants.


• For Appellees:
  
• Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Patrick M. Kelly, Martin K. Deniston and Daniel H. Lee, Los Angeles, for Defendant and Respondent Lasco Bathware, Inc., Horton Oberrecht Kirkpatrick & Martha, Luther W. Horton and Richard Hays Martha, San Diego, for Defendant and Respondent LSW Tile, Inc.