California Court of Appeal
Marler v. E. M. Johansing, LLC, B229445
In an appeal from a judgment of the trial court denying plaintiff's motion for class certification on their complaint for breach of contract and fraud against defendant-mobile park owners, judgment is reversed where: 1) there is an ascertainable class of plaintiffs; 2) the trial court should have allowed plaintiffs leave to amend their class descriptions to more concisely identify class and sub-class members; 3) the court erred in its analysis of the community of interest element of class certification; 4) defendants have not shown that plaintiffs lack standing to represent the class; and 5) a non-class action representative suit would not be an adequate substitute for class relief.
Appellate Information
- Decided 10/19/2011
- Published 10/19/2011
Judges
- GILBERT
Court
- California Court of Appeal