Lazar
Lazar v. Hertz Corp.
Opinion
Opinion
Butler, J.
Seymour Lazar rented a 1980 Pontiac from the Hertz Corporation in California at Ontario International Airport on March 21,1980. He drove the car 78 miles to Palm Springs returning the car there to a Hertz facility the following day without filling up the gas tank. Hertz charged him $11.15 for gasoline. Based on EPA estimates, Lazar concluded he was charged at least $1.97 and as much as $2.95 per gallon which was at least 57 percent and perhaps 136 percent higher than the maximum price permitted under federal regulations. Lazar filed this class action against Hertz on behalf of himself and all persons in California who rented cars from Hertz during the four-year period ending November 1, 1980, and were charged by Hertz for gasoline upon return of rented automobiles with less than a full tank. The court declined to certify the lawsuit as a class action. Lazar appeals.
The Standard of Review
We now determine the scope and the standard of our review of the court’s order refusing to certify the class.
“A decision by a trial court denying certification to an entire class is an appealable order. (Daar v. Yellow Cab Co. [1967] 67 Cal.2d [695,] at pp. 698-699 [ 63 Cal.Rptr. 724…