CALIFORNIA CLASS ACTION LAW

Tag: Appellate court

September 1, 2010

Essay Arguing for Reversal of Dukes v. Wal-Mart Stores, Inc.

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Professor Benjamin Spencer’s Federal Civil Practice Bulletin links to an essay by Professor Richard Nagareda entitled Common Answers for Class Certification.  The essay focuses on Dukes v. Wal-Mart Stores, Inc. Prof. Nagareda argues that the Supreme Court should review and reverse the Dukes opinion because of a “crucial conceptual error in Dukes: the majority’s confusion between motions for class certification and the motion that really does regulate the relationship between the court and the fact finder (summary judgment).” Read the rest of this entry »

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August 26, 2010

Term “Address” Under Corporations Code Encompasses Email Addresses

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The Court of Appeal for the Third District issued an important decision on Monday, holding that the term “addresses” in section 8330 of the Corporations Code encompasses email addresses.  Worldmark v. Wyndham Resort Development Corp., No. C061019, — Cal. Rptr. 3d —-, 2010 WL 3312607 (Cal. Ct. App. 3d Dist. Aug. 23, 2010).  The California Corporations Code grants members of a nonprofit mutual benefit corporation the right to inspect and copy, or obtain for a reasonable charge, the record of the names, addresses, and voting rights of the members of the corporation upon 10 business days’ written notice, provided it is for a purpose reasonably related to the person’s interest as a member. Corp. Code § 8330(a)(1)(2).   Read the rest of this entry »

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August 25, 2010

Treble Recovery Under Civil Code § 3345 Not Limited to CLRA; But It Does Not Apply to an Award of Restitution Under the UCL

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In Clark v. Superior Court, 235 P.3d 171, 112 Cal. Rptr. 3d 876 (Cal. Aug. 9, 2010), senior citizens brought an action against an annuity seller for unfair competition pursuant to BPC 17200, seeking treble recovery.  The Los Angeles Superior Court granted judgment on the pleadings for the annuity seller’s on the treble recovery claim, without leave to amend. Read the rest of this entry »

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