Flannery v. McCormick & Schmick's Seafood Restaurants v. Davis CA2/8

INTRODUCTION

This appeal arises out of objections to trial court approval of the settlement of a class action suit brought by plaintiff and respondent Daniel Flannery against defendant and respondent McCormick & Schmick’s Seafood Restaurants, Inc. (McCormick) and its parent company, Landry’s, Inc. (Landry’s).1 On appeal, class-member John W. Davis (appellant) contends the notice of the proposed settlement was inadequate to vest the trial court with personal jurisdiction over absent class members. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2012, Flannery individually and on behalf of “all California based consumers who have purchased and/or consumed any menu item that purports to be ‘Kobe’ beef from a California-based McCormick & Schmick’s restaurant within the State of California,” filed suit against defendants alleging intentional misrepresentation, negligent misrepresentation, fraud, false advertising in violation of Business and Professions Code section 17500 et seq. and unfair business practices in violation of Business and Professions Code section 17200 et seq. The gravamen of each cause of action was that McCormick misrepresented items on its menu as “Kobe” beef…