Nationwide class certification was recently granted in another UCL and CLRA auto defect case, Parkinson v. Hyundai Motor America, 2008 WL 5233200 (C.D. Cal. Dec. 12, 2008). In that case, as in another recent decision, the court (Chief Judge Alicemarie H. Stotler) narrowly interpreted the Ninth Circuit's opinion in Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008) (discussed in this post):
[T]he Court recognizes that extraterritorial application of the UCL is improper where non-residents of California raise claims based on conduct that allegedly occurred outside of the state. See Sullivan v. Oracle Corp., ___ F.3d ___, No. 06-56649, 547 F.3d 1177, 2008 WL 4811911, at *10 (9th Cir. Nov. 6, 2008). In Sullivan, for example, the Ninth Circuit, citing Norwest Mortgage, Inc. v. Superior Court, 72 Cal.App.4th 214, 85 Cal.Rptr.2d 18 (1999), held “that § 17200 does not apply to the claims of nonresidents of California who allege violations of the FLSA outside California.” Sullivan, 547 F.3d 1177, 2008 WL 4811911, at *10. However, extraterritorial application of the UCL is not barred where the alleged wrongful conduct occurred in California. See Norwest Mortgage, 72 Cal.App.4th at 224-25, 85 Cal.Rptr.2d 18. In light of defendant's alleged in-state conduct discussed above, the Court finds that certification of a nation-wide class for plaintiffs' UCL claim is not barred under the Ninth Circuit's reasoning in Sullivan.
Parkinson, 2008 WL 5233200 at *18. Thanks to the blog reader who forwarded this decision.