Shearin

Shearin v. Brown

Good Law
159 Cal. Rptr. 3d 86·2013 Cal. App. LEXIS 545·217 Cal. App. 4th 1114·2013 WL 3480280
Court of Appeal of CaliforniaJuly 11, 2013B239730California8,552 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Plaintiff and appellant Robert Lopez (plaintiff) filed a class action against defendants and respondents (defendants) seeking damages for himself and all others similarly situated for allegedly being detained in prison beyond their lawful release dates. He appeals from the trial court’s order denying his motion for class certification, as well as the trial court’s earlier order sustaining demurrers to plaintiff’s causes of action under section 1983 of title 42 of the United States Code (section 1983 claims).

We hold that because there was substantial evidence supporting the trial court’s findings that common issues did not predominate and that plaintiff’s claims were not typical of the putative class members’ claims, the trial court did not abuse its discretion in denying the class certification motion. We further hold that the order sustaining the demurrers to plaintiff’s section 1983 claims is nonappealable. We therefore affirm the order denying the class certification motion and dismiss the appeal with respect to the order sustaining the demurrers to the section 1983 claims.

FACTUAL AND PROCEDURAL BACKGROUND

A. Operative Complaint

The third amended…

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