CALIFORNIA CLASS ACTION LAW

Ninth Circuit Issues 3-0 Opinion Reversing Denial of Class Certification in Tire Wear Case

LIVERPOOL, ENGLAND - JANUARY 14:  A  Land Rove...
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In a 3-0 opinion, the Ninth Circuit Court of Appeals yesterday reversed a denial of class certification in Wolin v. Jaguar Land Rover North America, LLC, Nos. 09-55104, 09-55105, — F.3d —-, 2010 WL 3222091 (9th Cir. Aug. 17, 2010).  Tire defect cases are normally difficult to certify.  Plaintiffs took the correct approach and positioned their class not as one for tire defect, but for vehicle alignment defect.

Kenneth Gable and Brian Wolin each brought a class action lawsuit against Jaguar Land Rover North America, LLC (“Land Rover”) alleging that Land Rover’s LR3 vehicles suffer from an alignment geometry defect that causes tires to wear prematurely.  Id. *1.  The trial court denied their respective motions for class certification, holding that Gable and Wolin were unable to prove that a majority of potential class members suffered from the consequences of the alleged alignment defect. Read the rest of this entry »

Plaintiffs in Wage & Hour Class Action Granted Temporary Restraining Order

A farm, Bethel, Vt. (LOC)
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In an unusual move, plaintiffs in Arrendondo v. Delano Farms Company, No. CV F 09-1247 LJO DLB, 2010 WL 3212000 (E.D. Cal. Aug. 10, 2010), sought and were granted atemporary restraining order.  Plaintiffs filed an Application pursuant to  Fed. R. Civ. P. 65 requesting a Temporary Restraining Order (“TRO”) against defendant Delano Farms Company to restrain potential retaliation and threats to witnesses and putative class members by defendant.  The Application was supported by declarations of three witnesses and potential class members who heard threats by a supervisor of Delano Farms as well as declarations from Jessica Arciniega and Thomas P. Lynch, attorneys representing plaintiffs, and Aida Sotelo, a paralegal who investigated the threats. Read the rest of this entry »

Third District Finds Class Action Waiver Enforceable

Walnuts - Noci

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In an important case regarding the enforceability of class action waivers, the Court of Appeal upheld the enforceability of such a waiver.  In Walnut Producers of California et al. v. Diamond Foods, Inc., No. C060346, — Cal. Rptr.3d —-, 2010 WL 3213613 (Cal. Ct. App. 3d Dist. Aug. 16, 2010), plaintiff Walnut Producers of California (“Producers”) appealed the trial court’s order striking all class action allegations from their complaint. Plaintiffs claimed that a class action waiver in their arbitration agreements with Defendant Diamond Foods, Inc. (“Diamond Foods”), was unconscionable. The trial court disagreed.  The Court of Appeal, affirmed. Read the rest of this entry »