Patrick Cantwell v. J & R Properties Unlimited, Inc. (New Hampshire 2007)

Summary

The court held that the trial court acted prematurely by denying class-related discovery and definitively ruling on class-certification issues before the plaintiff had a fair opportunity to develop the evidentiary record. It rejected the plaintiff's separate argument that he was denied discovery on his individual consumer-protection claim, affirmed the dismissal of that claim, and held that the landlord substantially complied with the security-deposit receipt statute. The court therefore affirmed in part, reversed in part, vacated in part, and remanded.

Holding

Class certification and discovery. The trial court erred by definitively ruling on the class claims before allowing the plaintiff a fair opportunity to conduct discovery relevant to the class-certification prerequisites. The order denying the plaintiff's motion to compel class-related discovery was vacated, and the matter was remanded.

Discovery concerning the individual consumer-protection claim. The record did not establish that the trial court denied discovery concerning the plaintiff's individual consumer-protection claim. The plaintiff's discovery motion concerned the class claims, so the challenge to dismissal of the consumer-protection claim was rejected.

Statutory security-deposit receipt. The landlord substantially complied with the statutory receipt requirements even though it did not provide a separately signed receipt, because the plaintiff received all information required by the statute. The trial court's contrary ruling was reversed.

Patrick Cantwell v. J & R Properties Unlimited, Inc.

Summary

Holding

Cited authorities

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