No. S065501.

97 Cal.Rptr.2d 179 (2000)

23 Cal.4th 429

2 P.3d 27

Rochelle C. LINDER, Plaintiff and Appellant, v. THRIFTY OIL CO., Defendant and Respondent.

Supreme Court of California.

As Modified August 9, 2000.

Attorney(s) appearing for the Case

Daar & Newman, Jeffery J. Daar and David Daar, Los Angeles, for Plaintiff and Appellant.

Chavez & Gertler, Mark A. Chavez, Mill Valley; The Sturdevant Law Firm, James C. Sturdevant, Steven S. Kaufhold, San Francisco; Bruce A. Broillet; David S. Casey, Jr., San Diego; Deborah David, Los Angeles; Douglas Devries, Sacramento; Laurence E. Drivon, San Joaquin; Thor Emblem, Escondido; Joseph F. Harbison III, Sacramento; Ian Herzog, Santa Monica; Steven J. Keifield; Harvey R. Levine; Moses Lebovits, Los Angeles; Wayne McClean, Woodland Hills; Mark P. Robinson, Jr., Newport Beach; David A. Rosen, Los Angeles; Leonard Sacks, Granada Hills; Daniel Smith, Los Angeles; Chris Spagnoli; Robert B. Steinberg, Los Angeles; Tony Tanke, San Mateo; Lea-Ann Tratten; Rick Simons; Thomas G. Stolpman, Long Beach; William D. Turley; and Roland Wrinkle, Woodland Hills, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Bird, Marella, Boxer, Wolpert & Matz, Ronald J. Nessim, Mark T. Drooks, Thomas R. Freeman and Thomas V. Reichert, Los Angeles, for Defendant and Respondent.

Thomas & Walton, John R. Walton; Daniel J. Popeo and Richard A. Samp, for Washington Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

Fred J. Hiestand, Sacramento, for the Association for California Tort Reform as Amicus Curiae on behalf of Defendant and Respondent.

Riordan & McKinzie, Kenneth Klein, Gina M. Calvelli and Karen Meckstroth, Los Angeles, for Union Oil Company of California, doing business as Unocal, and California Retailers Association as Amici Curiae on behalf of Defendant and Respondent.


The trial court below denied certification of this case as a class action. The Court of Appeal affirmed. We granted review to consider several questions. First, may certification of a proposed class be denied based upon a trial court's preliminary assessment that the cause of action alleged on behalf of the class lacks sufficient merit? Second, was adequate consideration given to the possible benefits of...


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