New UCL class certification decision: Davis-Miller v. Automobile Club of Southern California

In Davis-Miller v. Automobile Club of California, ___ Cal.App.4th ___ (Oct. 26, 2011; pub. ord. Nov. 22, 2011), the Court of Appeal (Second Appellate District, Division Three) affirmed an order denying class certification of UCL and CLRA claims.

The case might be described as a twelfth post-Tobacco II class certification decision.  (See my prior blog posts, "Nine post-Tobacco II decisions" and "A tenth post-Tobacco II opinion.")  Not surprisingly, the court relied heavily on Pfizer and Vioxx, decided by the same Division. 

The eleventh post-Tobacco II decision in the series is Knapp v. AT & T Wireless Services, Inc., 195 Cal.App.4th 932 (Apr. 25, 2011; pub. ord. May 20, 2011) (Fourth Appellate District, Division Three).   I mentioned Knapp very briefly in a post in July.  There, the panel relied heavily on Cohen v. DIRECTV, Inc., 178 Cal.App.4th 966 (2009), in affirming the denial of class certification.  A petition for review was filed in June and denied in August (no. S193539).