What is the test for denying certification of a class action?
California, United States of America
The following excerpt is from Dispatch & Tracking Solutions, LLC v. Orion Commc'ns, Inc., D069188 (Cal. App. 2018):
Under California law, an order denying class certification effectively terminates the action as to the class and, therefore, it is " 'tantamount to a dismissal of the action as to all members of the class other than plaintiff.' " (Stephen v. Enterprise Rent-A-Car (1991) 235 Cal.App.3d 806, 811 (Stephen).) Such an order "disposes of that [class] action and is an appealable final judgment." (Id. at p. 817, italics omitted.)
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