FIRST AMERICAN TITLE INS. v. SUPERIOR COURT

No. B194004.

53 Cal.Rptr.3d 734 (2007)

146 Cal.App.4th 1564

FIRST AMERICAN TITLE INSURANCE COMPANY et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Jeffrey Albert Sjobring et al., Real Parties in Interest.

Court of Appeal of California, Second District, Division Three.

January 25, 2007.


Attorney(s) appearing for the Case

Bryan Cave, Charles A. Newman, Jason E. Maschmann, Howard O. Boltz and Jennifer A. Jackson, Santa Monica, for Petitioners.

Bernheim Law Firm, Bernie Bernheim, Justin A. Shiau; Kicklaw Firm, Taras Kick and Graig Woodburn for Real Parties in Interest, Jeffrey Albert Sjobring.


CROSKEY, J.

If a class action representative plaintiff is not—and never was—a member of the class he purports to represent, may he obtain precertification discovery from the defendants for the express purpose of identifying a member of the class who is willing to become a named plaintiff and pursue the action? As the current plaintiff is, in effect, a stranger to the action, we conclude the grant of such discovery would sanction an abuse of the class...

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