New class certification decision: Marler v. E.M. Johansing, LLC

Oct 26

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In Marler v. E.M. Johansing, LLC, ___ Cal.App.4th ___ (Oct. 19, 2011), the Court of Appeal (Second Appellate District, Division Six) reversed an order denying class certification of breach of contract and fraud claims.

The opinion includes a lengthier-than-usual discussion of the ascertainability prong. It also has an interesting discussion of presumed reliance under Vasquez.

New class certification decision: Marler v. E.M. Johansing, LLC

Arbitration clause with class action ban struck down post-Concepcion: Sanchez v. Valencia Holding Co.

Supreme Court denies review in arbitration case: Brown v. Ralphs Grocery Co.