Osegueda
Osegueda v. Northern California Inalliance
Opinion
Trial Court Opinion
background in its order granting plaintiff’s unopposed motion for preliminary approval of the class action settlement. (See Order Granting Preliminary Approval at 2-4 (Docket No. 25).) 28 of the settlement. See Diaz v. Tr. Territory of Pac. Islands, 876 F.2d 1401, 1408 (9th Cir. 1989). A. Class Certification A class action will be certified only if it meets the requirements of Rule 23(a)’s four prerequisites and fits within one of Rule 23(b)’s three subdivisions. Fed. R. Civ. P. 23(a)- (b). Although a district court has discretion in determining whether the moving party has satisfied each Rule 23 requirement, the court must conduct a rigorous inquiry before certifying a class. See Califano v. Yamasaki, 442 U.S. 682, 701 (1979); Gen. Tel. Co. of Sw. v. Falcon, 457 U.S. 147, 161 (1982). 1. Rule 23(a)
Rule 23(a) restricts class actions to cases where: (1) the class is so numerous that joinder of all 14 members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the…