Facts

Plaintiff James Noel purchased an 8-foot x 25-inch pool from Rite Aid, and brought a class action on behalf of all California purchasers of the pools under Business and Professions Code Section 17200 and the Consumer Legal Remedies Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the packaging of the pool contained a deceptive photograph, which materially misrepresented the size of the product, and that the case was appropriate for class adjudication because the misrepresentation could be assessed class-wide using the reasonable consumer standard.

DEFENDANT'S CONTENTIONS:
Defendant contended that the photograph on the product package was not misleading and that the product dimensions were plainly stated in large letters next to the allegedly deceptive photograph. Defendant further contended that the class was not ascertainable, that the issues of reliance presented individualized issues, and that plaintiff was not an adequate class representative.

Settlement Discussions

Plaintiff demanded $950,000 settlement fund for class plus attorney fees of $285,000.

Damages

Plaintiff claimed damages on behalf of the class of $950,000, plus attorney fees under the Consumer Legal Remedies Act.

Result

Plaintiff's motion for class certification was denied. Plaintiff failed to present sufficient evidence of class ascertainability, and individualized issues predominated as to plaintiff's CLRA claim, so that class action proceeding would not be superior to individualized actions.

Other Information

Plaintiff has appealed the order, claiming the court applied incorrect legal standards on reliance and ascertainability and wrongly denied plaintiff's request for a continuance to seek more discovery. FILING DATE: Nov. 18, 2013.