CASHCALL, INC. v. SUPERIOR COURT

No. D051293.

71 Cal.Rptr.3d 441 (2008)

159 Cal.App.4th 273

CASHCALL, INC., Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Raymond Cole et al., Real Parties in Interest.

Court of Appeal of California, Fourth District, Division One.

January 24, 2008.


Attorney(s) appearing for the Case

Finlayson, Augustini & Williams, Jesse S. Finlayson, and Michael R. Williams, Sacramento, for Petitioner.

No appearance for Respondent.

Law Offices of Douglas J. Campion, Douglas J. Campion, San Diego; Hyde & Swigart and Joshua B. Swigart, San Diego, for Real Parties in Interest.


McDONALD, Acting P.J.

We hold that in the circumstances of this case the trial court did not err by applying a balancing test and ordering precertification discovery in a class action for the purpose of identifying class members who may become substitute plaintiffs in place of named plaintiffs who were not members of the class they purported to represent. We conclude there is no bright-line rule that the original class...

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