California Court of Appeal

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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

Counsel

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