FERNANDEZ v. TAKATA SEAT BELTS, INC.

No. CV-04-0277-PR.

108 P.3d 917 (2005)

210 Ariz. 138

Eleanora FERNANDEZ, individually and on behalf of all similarly situated persons, Plaintiff-Appellant, v. TAKATA SEAT BELTS, INC., Nissan North America, Inc.; General Motors Corporation; Ford Motor Company; DaimlerChrysler Corporation; SGS U.S. Testing Company, Inc., Defendants-Appellees.

Supreme Court of Arizona, En Banc.

March 24, 2005.


Attorney(s) appearing for the Case

Rake & Catanese, PC, by David J. Catanese, Phoenix, Attorneys for Plaintiff-Appellant.

Bowman & Brooke, LLP, by Paul G. Cereghini, Jill S. Goldsmith, James C. Goodwin, Phoenix, Attorneys for Defendants-Appellees Takata Seat Belts, Inc., General Motors Corporation, and Nissan North America, Inc.

Carpenter & Lipps LLP, by Michael H. Carpenter, Columbus, Ohio, Attorneys for Defendant-Appellee Takata Seat Belts, Inc.

Snell & Wilmer LLP, by Martha E. Gibbs, Gregory J. Marshall, Phoenix and O'Melveny & Myers LLP, by Brian C. Anderson, Washington, D.C., Attorneys for Defendant-Appellee Ford Motor Company.

Snell & Wilmer LLP, by Patrick X. Fowler, Phoenix and Hogan & Hartson, LLP, by Lewis H. Goldfarb, Christopher B. Wren, New York, New York, Attorneys for Defendant-Appellee DaimlerChrysler Corporation.

Keller Rohrback, PLC, by Leon B. Silver, Phoenix, Attorneys for Defendant-Appellee SGS U.S. Testing Company, Inc.

Pacific Legal Foundation, by Deborah J. La Fetra, Gregory T. Broderick, Sacramento, California, Attorneys for Amicus Curiae Pacific Legal Foundation.


OPINION

RYAN, Justice.

¶ 1 In this case, we must decide whether a plaintiff who has no individual claim against a defendant may allege class action claims against that defendant and require the defendant to remain as a party to the lawsuit because she seeks to represent a class of other purported plaintiffs, some of whom may have claims against the defendant.

I

¶ 2 Eleanora Fernandez brought a class action lawsuit

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