Mendell
Mendell v. American Medical Response, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL MENDELL, Case No. 19-cv-01227-BAS-KSC
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION TO CERTIFY CLASS (ECF No. 49) AMERICAN MEDICAL RESPONSE,
INC.,
15 Defendant. 16 17 Defendant American Medical Response (AMR) provides ambulance transportation services to patients. Plaintiff Michael Mendell used AMR’s ambulance but could not pay for it in time. AMR began calling Mendell on a recorded line to collect the ambulance fees. Mendell brought a putative class action against AMR, alleging that AMR violated California’s Invasion of Privacy Act (CIPA), Cal. Penal Code § 630 et seq., by recording the collection calls without first obtaining consent from the members of the proposed classes. Mendell moves to certify the class for each claim he raises under sections 632 and 632.7 of CIPA for class-wide damages and injunctive relief. Because the section 632 class fails to satisfy the commonality, typicality, and predominance…