California Supreme Court

Diana Nieves Noel, Plaintiff and Appellant v. Thrifty Payless, Inc., Defendant and Respondent.

July 29, 2019250 Cal. Rptr. 3d 234

Summary

The court held that a proposed class is ascertainable when its definition uses objective characteristics and common transactional facts that make eventual identification possible. A plaintiff need not, at the certification stage, prove the existence of records or a specific mechanism for identifying and personally notifying every class member. Because the lower courts denied certification based on that improper evidentiary requirement, the court reversed and remanded for further proceedings; it did not decide whether the proposed CLRA class satisfied predominance or whether class treatment was superior. No separate opinions were presented.