Waller v. Hewlett-Packard Co.

ORDER DENYING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

LARRY ALAN BURNS, District Judge.

The Court previously stayed this case pending the appeal of the denial of class certification in O’Shea v. Epson America, Inc., Case No. 9-CV-8063 (C.D.Cal.). It expected that on appeal the Ninth Circuit would confront and resolve a question that has become a kind of spike strip in the class certification of lawsuits brought under California’s Unfair Competition Law. See Case No. 11-57105. That question, which hovers at the intersection of substantive state law and federal constitutional law, is whether…