Akkerman

The homonym “suit” can mean a legal action or apparel. Though quite dissimilar, the two share one important attribute in class actions. One size does not fit all.

Plaintiff Atze Akkerman appeals an order denying his motion for class certification. He filed an action under the unfair competition law (UCL) (Bus. & Prof. Code, §§ 17200, 17500) for deceptive advertising against Mecta Corporation, Inc. (Mecta), the manufacturer of an electroconvulsive therapy (ECT) machine. The trial court found that Akkerman did not establish the elements for class certification; did not adequately define an ascertainable class; did not show that he could represent it; and did not demonstrate a sufficient community of interest among the class members. The factual issues pertaining to each class member’s tort restitution claim predominate over common questions of law and fact for the class. We affirm.

FACTS

Akkerman suffered from severe depression. In 1999, Dr. Joseph Johnson, a psychiatrist at the Santa Barbara Cottage Hospital (SBCH), recommended ECT treatments to alleviate this disorder. Dr. Johnson performed ECT on Akkerman at SBCH, using a Mecta machine. He attached electrodes to…