California Court of Appeal

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Luckey v. Superior Court (Cotton on USA, Inc.), B253892

In a putative class action alleging violations of the federal Fair and Accurate Credit Transactions Act (FACTA), the trial court properly declined to appoint a temporary judge for the purpose of ruling on the motions for preliminary and final approval of the settlement, where: 1) the California Constitution, the California Rules of Court, and public policy concerns all preclude the appointment of a temporary judge for purposes of approving the settlement of a pre-certification class action; and 2) when the class has not yet been certified, the putative class representative has no authority to consent to a temporary judge on behalf of the absent putative class members.

Appellate Information

  • Decided 07/22/2014
  • Published 07/22/2014

Judges

  • CROSKEY

Court

  • California Court of Appeal

Counsel