What are the reasons for denying class certification in a Business and Professions Code section 17200 cause of action?

California, United States of America


The following excerpt is from Peviani v. Arbors at Cal. Oaks Prop. Owner, LLC., 277 Cal.Rptr.3d 223, 62 Cal.App.5th 874 (Cal. App. 2021):

Business and Professions Code section 17200 causes of action. (See generally Sevidal v. Target Corp. (2010) 189 Cal.App.4th 905, 918, 117 Cal.Rptr.3d 66 ["we examine each alleged caused of action to determine whether it is appropriate for class treatment"].) We have concluded ante that the trial court erred in its reasons for denying class certification. Because the trial court's reasons for denying class certification related to Business and Professions Code section 17200 causes of action are the same as for the other causes of action, we conclude the trial court erred in relation to these three causes of action as well.

In the appellants' opening brief, plaintiffs raise a variety of issues, such as the class being sufficiently numerous and the class being ascertainable. When reviewing an order pertaining to class certification, we review only the reasons given by the trial court. We do not address any unexpressed reasons. ( Mies v. Sephora U.S.A., Inc. (2015) 234 Cal.App.4th 967, 980, 184 Cal.Rptr.3d 446.)

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