Calif. High Court Limits Class 'Ascertainability' Defense

Law360 (August 2, 2019, 4:11 PM EDT) -- On July 29, 2019, the California Supreme Court weighed in on an important issue of class action jurisprudence: whether the proponent of the class must present evidence that the proposed class is ascertainable and that class members can be identified without excessive inconvenience, cost or administrative burden.

Following a pro-plaintiff line of federal caselaw, the California Supreme Court held in Noel v. Thrifty Payless Inc.[1] that the class proponent’s burden is merely to describe a class that might in the future be identified by reference to objective criteria. There is no obligation to show that notice to the class is administratively...

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