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Quacchia v. DaimlerChrysler Corp.

9/15/2004

CERTIFIED FOR PUBLICATION


Opinion ordered published October 7, 2004.


Plaintiff Eileen Quacchia appeals after the trial court denied her motion for class certification. We conclude the trial court did not abuse its discretion in finding that common issues do not predominate in this action. Accordingly, we affirm.


I. BACKGROUND


Certain vehicles manufactured by defendant DaimlerChrysler Corporation (DCC) contain a seat belt buckle known as the "Gen-III" buckle. Plaintiff, the owner of a Dodge Caravan equipped with Gen-III buckles, brought this action, alleging the Gen-III buckles were subject to accidental release at any time, especially in the event of a collision, because the release button sticks out above the outside cover. According to plaintiff, the defective Gen-III buckles had been installed in numerous DCC vehicle models manufactured between 1992 and the present. Plaintiff sought to pursue this action on behalf of a class of all persons and entities in California who currently own or lease model year 1993 through 2002 vehicles manufactured or sold by DCC that contain Gen-III buckles; however, she excluded those that purchased DCC vehicles for resale, those who have suffered physical injury as a result of defective Gen-III buckles, and those who had filed separate, nonclass legal actions based on the alleged defectiveness of Gen-III buckles.


Plaintiff's complaint sets forth three causes of action. On behalf of herself and the California general public, she seeks injunctive relief and restitution under California's unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.). On behalf of herself and the alleged class, she seeks injunctive relief and restitution under the UCL, and damages, injunctive relief, restitution, and punitive damages under the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.). Plaintiff moved for class certification of her second and third causes of action. The trial court denied the motion, and this timely appeal ensued.


II. DISCUSSION


A. Standard of Review


"Because trial courts are ideally situated to evaluate the efficiencies and practicalities of permitting group action, they are afforded great discretion in granting or denying certification. The denial of certification to an entire class is an appealable order [citations], but in the absence of other error, a trial court ruling supported by substantial evidence generally will not be disturbed `unless (1) improper criteria were used [citation]; or (2) erroneous legal assumptions were made [citation]' [citation]. Under this standard, an order based upon improper criteria or incorrect assumptions calls for reversal ` "even though there may be substantial evidence to support the court's order." ' [Citations.] Accordingly, we must examine the trial court's reasons for denying class certification. `Any valid pertinent reason stated will be sufficient to uphold the order.' [Citation.]" (Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435-436 (Linder); see also Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906, 913-914 (Washington Mutual).) In reviewing an order denying class certification, we consider only the reasons given by the trial court for the denial, and ignore any other grounds that might support denial. (Corbett v. Superior Court (2002) 101 Cal.App.4th 649, 658 (Corbett).)


Citing a number of cases, including Nally v. Grace Community Church (1988) 47 Cal.3d 278, 291, plaintiff contends that the trial court must grant the motion for class certification if there is substantial evidence that the requirements of certification were met and must disregard any conflicting evidenc

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