New class action decision: Figueroa v. Northridge Hospital Medical Center

In Figueroa v. Northridge Hospital Medical Center, ___ Cal.App.4th ___ (Oct. 20, 2005), which was published last week, the Court of Appeal (Second Appellate District, Division Two) held that an order denying a motion for leave to amend the complaint to add class action allegations is not an appealable order, at least when the parties and claims are otherwise unchanged. This case involved a UCL claim, but it did not arise in the context of Prop. 64. Nonetheless, it's obviously relevant. Many plaintiffs are seeking leave to amend their complaints to satisfy Prop. 64's requirements, including class action allegations. The lesson to be learned here: if leave to amend is denied, file a writ petition, not an ordinary appeal.