Jenson

Jenson v. Fiserv Trust Co.

Good Law
256 F. App'x 924
United States Court of Appeals for the Ninth CircuitNovember 26, 2007No. 07-55613California1,093 words

Opinion

Lead Opinion

MEMORANDUM **

Fiserv Trust Company appeals the district court’s decision to certify a class of 1700 investors who invested with D.W. Heath & Associates and lost money, as well as a subclass of approximately 850 persons who made those investments through Fiserv accounts. 1 At this stage of the proceedings, we cannot say that the *926 district court abused its discretion. Accordingly, we affirm.

I

Fiserv argues that a fraud case involving materially differing oral representations is not amenable to class treatment, but for reasons explained in greater depth by the district court, the “center of gravity” of the Heath fraud predominates over details of individual communications. See In re First Alliance Mortgage Co., 471 F.3d 977 , 991 (9th Cir.2006) (quoting with approval In re American Continental Corp./Lincoln Savings & Loan Securities Litig., 140 F.R.D. 425, 430-31 (D.Ariz. 1992)); Fed.R.Civ.P. 23(b)(3). The Ponzi scheme itself would have to be proved or controverted over and over were the case not to proceed as a class action. Cf. e.g., Clark v. Watchie, 513 F.2d 994, 999 (9th Cir.1975) (addressing the more typical fraud in which individual issues may well predominate). Thus,…

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