Is a writ proceeding appropriate to review an order denying class certification?

California, United States of America


The following excerpt is from Meza v. Pac. Bell Tel. Co., F077604 (Cal. App. 2020):

In Hogya v. Superior Court (1977) 75 Cal.App.3d 122, the court found a writ proceeding was an appropriate means of reviewing an order denying class certification, under the unusual circumstances of that case. (Id. at pp. 127-132.) The plaintiff alleged the defendant misrepresented the meat it sold as being of " 'choice' " quality when it was only of " 'good' " quality. (Id. at p. 125.) He asserted that, without writ review of the order, he would " 'be forced to individually bear the burdens of litigation, take the case to trial, successfully prove his case, and then finally appeal the class action issue.' " (Id. at p. 130.)

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