California Court of Appeal
Sevidal v. Target Corp., D056206
In plaintiff's class action suit against Target Corporation, claiming fraud and violation of unfair competition and false advertising laws, and seeking injunctive and restitutionary relief, after purchasing clothing items from the company's website that were misidentified as made in the United States, trial court's denial of plaintiff's motion to certify the class is affirmed where: 1) the trial court properly refused to certify the class based on its finding the proposed class was not ascertainable, as substantial evidence supports the court's conclusion the absent class members could not be reasonably identified by reference to records or by common characteristics that would allow the class members to identify themselves; and 2) the trial court properly found the class was overbroad because the evidence shows the vast majority of absent class members never saw the web page containing the alleged misrepresentation and thus were never exposed to the alleged wrongful conduct.
- Decided 10/29/2010
- Published 10/29/2010
- California Court of Appeal
- For Appellant:
- Matthew B. Butler, Miriam A. Vogel