California Court of Appeal

In this class action, 965 plaintiff-borrowers allege that defendant had a deliberate strategy of placing borrowers into loans it “knew” they could not afford. Dismissal for misjoinder is reversed, where: 1) pursuant to the permissive joinder statute (Code of Civil Procedure section 378), the complaint alleges the same series of transactions that will entail litigation of at least one common question of law or fact; 2) the same-series-of-transactions language is to be construed broadly in favor of joinder; and 3) on remand, the trial court will have to consider a variety of procedural tools with which to organize this case into manageable subclaims and subclasses, pursuant to Brinker Restaurant Corp. v. Superior Court.

Appellate Information

• Decided 12/11/2014
• Published 12/12/2014

Judges

• Bedsworth

Court

• California Court of Appeal

Counsel