Court Of Appeal Issue Two Favorable Post-Tobacco II Opinions Affirming Denial Of Class Certification Motions Of Fraud-Based UCL Claims


In Kaldenbach v. Mutual of Omaha Life Ins. Co., ___ Cal. App. 4th ___ (4th Cal. App. Div. 3, Sep. 30, 2009) (order modified for publication on October 26, 2009), the Fourth Appellate District (Div. 3, Orange County) affirmed the trial court's denial of a motion for class certification of a UCL class action based upon the plaintiff's failure to submit evidence demonstrating predominating common questions....

...Cohen v. DirecTV Inc.....The Second Appellate District (Div. 8, Los Angeles) also recently affirmed the denial of another motion for class certification. In the Cohen case, a DirecTV subscriber sued the company for allegedly disseminating false advertisement to induce him and the putative class to purchase more expensive "high definition" or "HD" services, which were not allegedly provided....

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