Hamwi v. Citinational-Buckeye Investment Co.

Opinion

THOMPSON, J.

This is an appeal from a judgment dismissing a class action “as to unnamed members of the purported class.” It raises the issue of the propriety of a trial court determination denying class status where: (1) the action is based upon an ambiguous provision common to written contracts between purported class members and defendants; (2) all contracts were individually negotiated by contracting parties of equivalent business sophistication; (3) the ambiguous provision was individually discussed by purported class members and defendants; and (4) no standard presentation of the…