Hagerty v. General Motors Corp.

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Plaintiff filed this suit as a class action alleging that defendant wrongfully charged a tax pursuant to the Retailers’ Occupation Tax Act 1 when the tax should have been charged in accordance with the Service Occupation Tax Act. 2 The trial court entered judgment in favor of plaintiff individually, but ordered the class action allegations of the complaint stricken. Plaintiff appeals contending that it was error to strike the class action allegations of her complaint.

Defendant General Motors Corporation (hereinafter defendant)…