Legal Opinion
Miller v. Bank of America
California Court of Appeal
Decided January 25, 2013No. A132323PublishedCited by 17 opinions
1Opinion of the Court
Opinion
JENKINS, Acting P. J.
In this most recent iteration of this action, plaintiff Paul Miller appeals from the denial of his motion for class certification. We find the trial court correctly mled that the proposed class fails to satisfy the requirements for class action certification. We further find no merit in Miller’s claims that the Bank of America, N.A., is estopped from challenging his proposed class, that the court improperly made a premature mling on the merits, and that the case should have been remanded to allow additional discovery. Accordingly, we affirm.
BACKGROUND
I. From the…
2Cases cited21 opinions
- Linder v. Thrifty Oil Co.California Supreme Court · 2000
- Sav-On Drug Stores, Inc. v. Superior CourtCalifornia Supreme Court · 2004
- MW Erectors, Inc. v. Niederhauser Ornamental & Metal Works Co.California Supreme Court · 2005
- Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
- Tuchscher Development Enterprises, Inc. v. San Diego Unified Port DistrictCalifornia Court of Appeal · 2003
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3Cited by17 opinions
- Regents of the University of California v. Superior CourtCalifornia Court of Appeal · 2013
- Nicodemus v. Saint Francis Memorial Hospital CA1/4California Court of Appeal · 2016
- Payton v. CSI Elec. Contractors, Inc., California Court of Appeal, 5th District2018
- Kendall v. Scripps Health, California Court of Appeal, 5th District2017
- Tustin Field Gas & Food, Inc. v. Mid-Century Ins. Co., California Court of Appeal, 5th District2017
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