No "picking off" the class representative in the Ninth Circuit: Pitts v. Terrible Herbst, Inc.

The California Supreme Court held many moons ago that a defendant may not defeat a class action by "picking off" the class representatives.  La Sala v. American Sav. & Loan Assn., 5 Cal.3d 864 (1971).

The Ninth Circuit came to the same conclusion, based on essentially the same reasoning, in a decision handed down yesterday.  Pitts v. Terrible Herbst, Inc., ___ F.3d ___ (9th Cir. Aug. 9, 2011). 

The decision also contains some interesting language about the right to conduct discovery before moving for class certification.  See slip op. at 10457-58 & nn. 4, 5.