New opinion on pre-certification discovery: CVS Pharmacy, Inc. v. Superior Court

In CVS Pharmacy, Inc. v. Superior Court (DeLuca), ___ Cal.App.4th ___ (Sept. 15, 2015; pub. ord. Oct. 15, 2015), the Court of Appeal (Third Appellate District) reversed the trial court's order allowing a proposed class representative who lacked standing to obtain discovery of class member contact information prior to class certification in order to identify a substitute representative. 

Distinguishing one of the leading opinions, CashCall, Inc. v. Superior Court, 159 Cal.App.4th 273 (2008) (discussed here), the panel emphasized that the named plaintiff had never had standing to begin with, and that the putative class members were likely aware of the specific violations, so could assert them individually.