Edwin Dean Seidman, on Behalf of Himself, and a Class of All Persons Similarly Situated v. City of Beverly Hills and Tom John Automotive, Inc.
Opinion
Opinion
ORDER DISMISSING APPEAL
Edwin Dean Seidman filed an action under 42 U.S.C. § 1983 against the City of Beverly Hills and Tom John Automotive, Inc., claiming the towing and impoundment of his automobile for expired registration without notice of opportunity for a post-seizure hearing violated his right of due process under the Fourteenth Amendment. The district court denied Seidman’s motion for certification of a class consisting of all persons whose vehicles had been impounded in the previous three years without receiving notice of opportunity for a hearing.
Subsequently, Seidman settled his individual claims with the defendants, reserv ing the right to appeal “any of the adverse rulings made against him at trial.” The matter had never gone to trial. Seidman and the defendants also stipulated to a dismissal of the action with prejudice, with the exception of Seidman’s claim for attorneys’ fees. After the district court awarded attorneys’ fees to Seidman, judgment was entered for dismissal with prejudice.
Seidman now seeks to appeal the district court’s denial of his motion to certify the action as a class action. We dismiss the appeal for lack of jurisdiction.