Davis-Miller

In this matter, we have consolidated two appeals. Both arise from the denial of plaintiffs’ motions for class certification. In the first, plaintiffs and appellants Paul Martin Davis-Miller (Davis-Miller), 1 Barbara L. Keeler (Keeler), Mickey Michel (Michel) and Howard R. Miller (Miller) (together, the Davis-Miller plaintiffs) appeal from an order denying their motion for class certification in their action against defendant and respondent Automobile Club of Southern California (Auto Club). In their complaint, these plaintiffs alleged violations of the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; henceforth UCL), 2 negligent misrepresentation and omission, intentional misrepresentation and omission, fraud and unjust enrichment in connection with respondent’s operation of a roadside battery service program that provides jump-starts and sells and installs batteries for stranded motorists.

In the second appeal, plaintiff and appellant Amy Reed (Reed) seeks to reverse an order denying her motion for class certification in her action against the same defendant and respondent. However, Reed’s complaint alleged violations of the Consumers Legal Remedies Act (Civ.…