Irwin
Irwin v. Mascott
Opinion
Opinion
Larson, J.
MEMORANDUM AND ORDER
INTRODUCTION
Plaintiffs filed their Motion for Class Certification, Defendants filed their Opposition, Plaintiffs filed a Reply, and the matter was submitted without oral argument on November 4, 1998. Supplemental pleadings were also submitted.
NATURE OF THE CASE
Plaintiffs Kathleen R. Irwin, Nancy Heth, and Lorraine L. Castaneda have moved .for class certification in this action against defendants Owen T. Mascott, Commonwealth Equity Adjustments, Inc. (“CEA”), and Eric W. Browning, for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. [FDCPA], and the California Unfair Business Practices Act, Cal. Business & Professions Code §§ 17200 , et seq. [CUBPA.].
Plaintiffs seek certification of all issues, including liability, damages and injunctive relief.
A. The Class Definition
Plaintiffs seek certification of the following class:
B. Sub-Classes
REQUIREMENTS FOR CLASS CERTIFICATION GENERALLY
Pursuant to Fed.R.Civ.Proc., Rule 23, plaintiffs burden of establishing a factual basis for class certification is not a heavy-one. It is generally accepted that Rule 23 should be liberally construed.