Aberdeen v. Toyota Motor Sales, U.S.A., Inc.

MEMORANDUM **

The district court did not abuse its discretion in denying class certification. Because Aberdeen was subject to unique defenses that threaten to px-eoccupy him, he lacks typicality. Fed.R.Civ.P. 23(a)(3); Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir.1992). Thus, denial of class certification was not an abuse of discretion.

When class certification was denied, the district court was not stripped of *619 jurisdiction over the individual claims. Subsequent to the district court’s decision, we held that continued jurisdiction under 28 U.S.C. § 1332 (d) “does not depend on certification.” United Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int’l Union v. Shell Oil Co., 602 F.3d 1087, 1092 (9th Cir.2010) (internal quotation marks omitted). Thus, the district court erred, though it could not have known it at the time, in dismissing the case and should have retained jurisdiction to decide Aberdeen’s individual claims.

As to the issue of standing, the district court erred in holding that Aberdeen lacked standing, individually, to sue under California’s Unfair Competition Laws. Aberdeen waived his affirmative misrepresentation…

concurring in part and dissenting in part:

I would affirm, having concluded that the district court was correct on “standing” under California law.

FILED

NOT FOR PUBLICATION MAR 18 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANTHONY Z. ABERDEEN, individually, No. 09-56149 and on behalf of other members of the general public similarly situated, D.C. No. 2:08-cv-01690-PSG-

VBK

Plaintiff - Appellant,

v. MEMORANDUM *

TOYOTA MOTOR SALES, U.S.A., INC.;

TOYOTA MOTOR NORTH AMERICA,

INC.,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding

Argued and Submitted February 18, 2011

Pasadena, California

Before: KLEINFELD and GRABER, Circuit Judges, and ZILLY,** Senior District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Thomas S. Zilly, Senior United States District Judge for the Western District of Washington, sitting by designation. The district court did not abuse its discretion in denying class certification.

Because Aberdeen was subject to…