The UCL Practitioner
Tuesday, July 20, 2004
Reversed with directions
Yesterday, the Court of Appeal modified its recent decision in Lebrilla v. Farmers Group, Inc., ___ Cal.App.4th ___ (Jun. 25, 2004) by clarifying that the order denying class certification of the UCL and CLRA claims was "reversed and remanded with directions" to the trial court "to enter a new order granting the [plaintiffs'] motion seeking statewide class certification."  The modification also clarifies that the plaintiffs may recover their costs.  This modification is significant because few class certification decisions reverse with affirmative directions to the trial court to certify a class.  More often, the trial court is directed to start over and reassess whether certification is appropriate, applying any newly-articulated rules or standards set forth in the appellate court's decision.  In Court-of-Appealese, the case would be "remanded for further proceedings not inconsistent with this opinion."  (My original post on Lebrilla is here.)
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