California Case Summaries: July 2019

California Case Summaries™:

A free summary of a new civil case published in July is provided below.

There were 50 new civil and family law cases published in California in July 2019. I provide short case summaries, organized by legal topic, in monthly, quarterly and annual issues to help California lawyers easily keep up with the new case law and fight for their clients. The monthly issue costs only $24.99 per month per attorney and we also offer discounted law firm multi-user issues. (They cost far less the LA Daily journal or having associates lose billable time to prepare case summaries). To subscribe today, click on the monthly, quarterly or annual link below.

California Case Summaries
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Class Actions

Noel v. Thrifty Payless (2019) _ Cal.5th _ , 2019 WL 3403895: The California Supreme Court reversed the Court of Appeal decision that had upheld the trial court’s order denying class certification in a class action alleging violations of the unfair competition law (UCL; Business & Professions Code, section 17200 et seq.), the false advertising law (FAL; Business & Professions Code, section 17500 et seq.), and the Consumers Legal Remedies Act (CLRA; Civil Code, section 1750 et seq.) arising from purchases of inflatable outdoor pools. The Supreme Court ruled that the trial court erred when it determined that the class proposed by plaintiff was not ascertainable, it was. The phrase, “All persons who purchased the Ready Set Pool at a Rite Aid store located in California within the four years preceding the date of the filing of this action” was neither vague nor subjective. A member of the class could appreciate from this definition whether he or she was included within it, and thus be in a position to take appropriate steps to protect his or her interests. To the extent that the trial court had concerns regarding the state of the record as it pertained to matters such as the provision of notice to class members, or how burdensome it would be to identify class members, those issues should not have been resolved in the context of ascertainability. (July 29, 2019.


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Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator and Referee at ADR Services, Inc.
Publisher of California Case Summaries™
California Trial Lawyer Since 1980
Member of ABOTA Since 1995
Past President of the SDCBA and the San Diego Chapter of ABOTA


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