Walsh

Walsh v. IKON Office Solutions, Inc.

Good Law
148 Cal. App. 4th 1440·56 Cal. Rptr. 3d 534
Court of Appeal of CaliforniaMarch 28, 2007A113172California8,148 words

Opinion

Opinion

Gemello, J.

Plaintiffs Ryan Walsh (Walsh) and Kevin Miller (Miller), on behalf of themselves and others similarly situated, appeal from an order decertifying one of several subclasses in their class action against respondent IKON Office Solutions, Inc. (IKON). Appellants contend: (1) the order is erroneous because it fails to identify sufficiently the court’s reasons for decertification; (2) the evidence does not support the trial court’s conclusion; and (3) IKON’s motion was untimely and procedurally defective in its failure to comply with local rules of the San Francisco Superior Court.

We affirm the order. In the published portion of our opinion, we rule that the trial court used proper criteria and sufficiently set forth its reasons for decertification, and that substantial evidence supports the court’s order. In the unpublished portion of the opinion, we conclude that appellants’ procedural objections to the decertification motion are without merit.

I. FACTS AND PROCED URAL HISTORY

Respondent IKON provides document copy services to attorneys through its legal document services (LDS) division. IKON’s account managers service the LDS customers. Appellants Walsh and Miller are…

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