Gerald Martin v. Pacific Parking Systems Inc

MEMORANDUM

Plaintiff Gerald Martin appeals from the district court’s order denying his motion for class certification. Rowden v. Pac. Parking Sys., Inc., 282 F.R.D. 581, 585 (C.D.Cal.2012). The district court denied the motion, in part, because the proposed class was not ascertainable. Id. We hold that the district court did not abuse its discretion in this respect and affirm.

At oral argument on appeal, Martins counsel stated that, since the class definition refers to a “person’s” card, the proposed class excludes all individuals who used a business credit card to purchase parking. The district court had found, based on factual evidence specific to this case, that “many” of the hundreds of thousands of individuals who used the parking lots did so on business. Id. at 586 n. 5.

Furthermore, the district court had concluded that the proposed class was not ascertainable because there was no reasonably efficient way to determine which of the hundreds of thousands of individuals who used the parking lots “used a personal credit or debit card, rather than a business or corporate card,” to purchase parking. Id. at 585 ; see, e.g., Pierce v. County of Orange, 526 F.3d 1190, 1200 (9th…