California Court of Appeal
Thompson v. Automobile Club of Southern California, G046759
The trial court did not abuse its discretion in denying plaintiff's motion for class certification in an action challenging defendant's policies relating to renewal, specifically, its practice of "backdating" late renewals to the member's original expiration date if the renewal occurs within 95 days, which he alleged results in late-renewing members receiving less than a full year of services, where: 1) the evidence demonstrates the trial court properly exercised its discretion when it concluded the proposed class was not ascertainable; 2) the trial court had substantial evidence from which it could conclude that individual issues predominated over common ones; 3) plaintiff's claims were not typical of the class; and thus, 4) the court therefore properly exercised its discretion when it denied class certification.
- Decided 06/27/2013
- Published 06/27/2013
- California Court of Appeal