Shearin v. Brown

Opinion

MOSK, Acting P. J.

INTRODUCTION

Plaintiff and appellant Robert Lopez (plaintiff) filed a class action against defendants and respondents (defendants) 1 seeking damages for himself and all others similarly situated for allegedly being detained in prison beyond their lawful release dates. He appeals from the trial court’s order denying his motion for class certification, as well as the trial court’s earlier order sustaining demurrers to plaintiff’s causes of action under section 1983 of title 42 of the United States Code (section 1983 claims).

We hold that because there was substantial…