California, United States of America
The following excerpt is from Marler v. E.M. Johansing, LLC, 132 Cal.Rptr.3d 691, 199 Cal.App.4th 1450 (Cal. App. 2011):
Tort damages must be carefully defined so they will not "vary widely from claim to claim, creating a wide disparity" in the relief for the class members. (Akkerman v. Mecta Corp., Inc., supra, 152 Cal.App.4th at p. 1102, 62 Cal.Rptr.3d 39.) An overbroad or vague claim for class damages may cause the case to "splinter into individual trials" and become unmanageable. (Ibid. ) Plaintiffs must carefully define the damages so they are closely connected to the common class liability claims. The trial court correctly found that plaintiffs had not sufficiently defined the scope of damages. But plaintiffs will have an opportunity to more carefully do so on remand where the court will determine the type of tort damage claims that may be decided in a class format.
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