NOEL v. THRIFTY PAYLESS, INC.

No. S246490.

7 Cal.5th 955 (2019)

DIANA NIEVES NOEL, Plaintiff and Appellant, v. THRIFTY PAYLESS, INC., Defendant and Respondent.

Supreme Court of California.

July 29, 2019.


Attorney(s) appearing for the Case

Emergent Legal, Emergent, Christopher Wimmer , Peter Roldan ; Public Justice, Leslie Brueckner and Karla Gilbride for Plaintiff and Appellant.

Chavez & Gertler, Mark A. Chavez ; Public Citizen Ligation Group and Allison M. Zieve for Public Citizen as Amicus Curiae on behalf of Plaintiff and Appellant.

Rock Law, Matt J. Malone ; Nelson & Fraenkel, Gretchen M. Nelson ; Arbogast Law, and David M. Arbogast , for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Lieff Cabraser Heimann & Bernstein, Robert J. Nelson , Roger N. Heller and Melisa Gardner for National Consumer Law Center and National Association of Consumer Advocates as Amici Curiae on behalf of Plaintiff and Appellant.

Jocelyn D. Larkin and Daniel Nesbit for Impact Fund, California Employment Lawyers Association, Centro Legal de la Raza, Legal Aid at Work and Worksafe as Amici Curiae on behalf of Plaintiff and Appellant.

Kelly, Hockel & Klein, Klein, Hockel, Iezza & Patel, Michael D. Early and Mark P. Iezza for Defendant and Respondent.

Utrecht & Lenvin and Paul F. Utrecht for Washington Legal Foundation and California Retailers Association as Amici Curiae on behalf of Defendant and Respondent.


OPINION

This case is a putative class action brought on behalf of retail purchasers of an inflatable outdoor pool sold in packaging that allegedly misled buyers about the pool's size. We must decide whether the trial court abused its discretion when it denied the representative plaintiff's motion for class certification...

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