What is the test for striking and dismissing class allegations?

California, United States of America


The following excerpt is from Aguirre v. Amscan Holdings, Inc., 184 Cal.Rptr.3d 415, 234 Cal.App.4th 1290 (Cal. App. 2015):

therefore, granted the motion to strike and dismiss the class allegations and to deny class certification. According to the trial court, "A class is ascertainable when (1) the members of the class are clearly identifiable and the size of the class is reasonably controlled; and (2) the members can be located and notified of the action through reasonable expenditure of time and money. ( Reyes v. Board of Supervisors (1987) 196 Cal.App.3d 1263, 12741275, [242 Cal.Rptr. 339].)" The court also noted that it "is not aware of any authority that allows speculative advertising to establish an ascertainable class or that allows purported class members to self-identify without first establishing an ascertainable class."

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