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Lockheed v. Superior Court of San Bernardino County3/3/2003
of liability after a merit-based analysis of plaintiffs' claims. Our role as a reviewing court, however, is not to determine whether or not we agree with the trial court's conclusion that common issues predominate but only to see whether this conclusion was an abuse of discretion. Unless this decision was an abuse of discretion, it should be upheld.
Plaintiffs allege that they were injured as a class by defendants. They ask that defendants be held responsible for the cost of medical monitoring, which can detect, and prevent, future illness. The trial court determined that class treatment of plaintiffs' claims was the superior method of dealing with the common questions of law and fact that exist in this case. Substantial evidence supports this determination, and so I conclude that the trial court did not abuse its discretion in certifying the class in this case. Therefore, I dissent.
MORENO, J.
I CONCUR: GEORGE, C. J.
Unpublished Opinion
Rehearing Granted
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 California Personal Injury Attorneys
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