Supreme Court of California

In a class action brought against a bank arising out of certain debt collection attempts, a court of appeals' judgment denying bank's challenge to a ruling on the substantive merits of the action is reversed where the trial court abused its discretion in ruling on the merits concurrent with deciding that a class could be certified, but before class notice had gone out.

Appellate Information

• Decided 04/16/2007
• Published 04/16/2007

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Severson & Werson, Jan T. Chilton and Mark D. Lonergan, San Francisco, for Petitioner., Leland Chan, San Francisco, for California Bankers Association as Amicus Curiae on behalf of Petitioner., Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Petitioner., Kemnitzer, Anderson, Barron & Ogilvie, Carol McLean Brewer, Andrew J. Ogilvie, San Francisco;  Alexander Community Law Center and Scott C. Maurer for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.