In the matter of Noel v. Thrifty Payless, Chief Justice Cantil-Sakauye authored a unanimous decision by the California Supreme Court holding that no evidentiary requirement exists at the class certification stage to demonstrate how individual class members will be identified. The decision reverses a published First Appellate District decision holding that evidence is needed to meet the ascertainability requirement of Civil Procedure Code section 382 so that proper notice is given to the class.
Noel involved an action against Rite Aid drugstores and its sale of an inflatable outdoor pool. A photograph on the packaging of the pool shows it fitting several adults comfortably. When it is actually inflated, it is much smaller. The plaintiff moved to certify the class as “[a]ll persons who purchased the Ready Set Pool at a Rite Aid store located in California within the four years preceding the date of the filing of this action.”
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