Boggs

Boggs v. Franchise Tax Bd. CA2/5

Good Law
Court of Appeal of CaliforniaAugust 19, 2014B245446California4,547 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Plaintiff and appellant Rick Boggs (plaintiff) appeals from the trial court’s order denying his motion for class certification. According to plaintiff, the order must be reversed because, in his motion, he satisfied all of the requirements for class certification and, in denying his motion, the trial court used improper criteria or incorrect legal analyses. We hold that because substantial evidence supports the trial court’s conclusion that plaintiff had failed, inter alia, to satisfy the numerosity element of the class certification requirements and because the trial court used proper criteria and a correct legal analysis in reaching that conclusion, there is no basis for reversal. We therefore affirm the order denying the motion for class certification.

FACTUAL BACKGROUND

Plaintiff provided the following facts in his declaration in support of his motion for class certification. Plaintiff has been totally blind since age five. He is unable to read printed words unless they are transcribed into Braille or formatted to be readable through screen reader software. In or about 2007, plaintiff received a telephone call from an employee of defendant and respondent…

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