TJX Companies, Inc. v. Superior Court

Opinion

CROSBY, J.

The trial court subjected petitioner to the rigors of class action discovery without holding an oral hearing on petitioner’s demurrer. There was a real and genuine dispute whether the complaint alleged facts sufficient to establish the elements necessary for maintenance of a class action, including a community of interest among the potential class members and a preponderance of common questions of law and fact when compared with those requiring separate adjudication. (See, e.g., Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906 [103 Cal.Rptr.2d 320, 15 P.3d…