When will a court order precertification discovery in a class action?

MultiRegion, United States of America

The following excerpt is from Sansone v. Charter Commc'ns, Inc., Case No.: 17-cv-01880-WQH-JLB (S.D. Cal. 2019):

However, before ordering precertification discovery, the court may require the plaintiff to make a prima facie showing that Rule 23(a)'s class action requirements are satisfied or to show "that discovery is likely to produce substantiation of the class allegations."5 Mantolete v. Bolger, 767 F.2d 1416, 1424 (9th Cir. 1985). "Absent such a showing, a trial court's refusal to allow class discovery is not an abuse of discretion." Id. (citing Doninger, 564 F.2d at 1313).

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