California Court of Appeal
Fireside Bank Cases, H033044
In coordinated class actions challenging a lender's collection practices, trial court's entry of dismissals with prejudice against all class members against whom the lender had previously secured judgments in separate collection actions is affirmed where: 1) plaintiffs' contention that the trial court was empowered by the UCL to grant class-wide relief to judgment debtors without a factual showing of grounds to avoid the judgments against them is rejected, and, since no other basis for relief on their behalf was ever suggested, the court did not err by concluding that the UCL afforded no basis for the class-wide affirmative relief sought in this class action; and 2) the appeal is dismissed as moot insofar as it is taken from orders denying leave to intervene and refusing to certify a subclass consisting of judgment debtors.
Appellate Information
- Decided 07/28/2010
- Published 08/25/2010
Judges
- RUSHING
Court
- California Court of Appeal
Counsel
- For Appellant:
- Andrew J. Ogilvie, Jan T. Chilton