Noel
Noel v. Thrifty Payless, Inc.
Opinion
lead Opinion
Streeter, J.
*1320 Plaintiff James A. Noel bought an inflatable swimming pool at defendants' drugstore that turned out to be much smaller than the pool pictured on the box. He sued defendant Thrifty Payless, Inc. on behalf of himself and similarly situated individuals, alleging defendants violated the *1321 Consumers Legal Remedies Act ( Civ. Code, § 1750 et seq. ) (CLRA), Unfair Competition Law ( Bus. & Prof. Code, § 17200 et seq. ) (UCL), and False Advertising Law ( Bus. & Prof. Code, § 17500 ) (FAL) by selling the pool with deceptive advertising to consumers in its California retail stores. When Noel moved to certify the class, the trial court denied his motion on the UCL and FAL causes of action, finding Noel's proposed class-consisting of more than 20,000 potential members-was not ascertainable under Code of Civil Procedure section 382. The court also refused to certify a class on Noel's CLRA cause of action because it determined common questions of law or fact did not predominate over individual questions of reliance and causation. On appeal, Noel claims the court erred by applying incorrect legal standards and abused its discretion by refusing to grant him a continuance so he could more…