California, United States of America
The following excerpt is from Brasch v. K. Hovnanian Enters., Inc., G050131 (Cal. App. 2015):
Both parties spend significant time and energy discussing the propriety of addressing class issues at the pleading stage. There are cases supporting both arguments. (Prince v. CLS Transportation, Inc. (2004) 118 Cal.App.4th 1320, 1328; Silva v. Block (1996) 49 Cal.App.4th 345, 349-352.) But we keep in mind that while there are cases where the complaint manifestly fails to adequately plead the existence of a valid class, in general, policy favors that plaintiffs have the chance to conduct discovery and present an evidentiary motion supporting their class claims. (See In re BCBG Overtime Cases (2008) 163 Cal.App.4th 1293, 1298, 1301.) To prevail at the pleading stage, the inadequacy of the class action allegations must appear on the face of the complaint.
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