Legal Opinion

Hernandez v. VITAMIN SHOPPE INDUSTRIES INC.

California Court of Appeal

Decided June 17, 2009No. A118254, A120640PublishedCited by 13 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

LAMBDEN, J.

This is a consolidated appeal of matters that arose in the course of a class action in the Marin County Superior Court case, Perry v. Vitamin Shoppe Industries Inc., case No. CV053770 (Perry).

After the trial court conditionally certified the class for settlement purposes, appellant Jeffrey Spencer, attorney for appellant Lisa Hernandez, a plaintiff in Perry, sent a letter to various class members urging them to opt out of the settlement, and to retain him as counsel against Vitamin Shoppe Industries Inc. in another class action involving the same matters. The court…

2Cases cited29 opinions

  1. Gulf Oil Co. v. BernardSupreme Court of the United States · 1981
  2. People v. StanleyCalifornia Supreme Court · 1995
  3. Devlin v. ScardellettiSupreme Court of the United States · 2002
  4. Daar v. Yellow Cab Co.California Supreme Court · 1967
  5. Nwosu v. UbaCalifornia Court of Appeal · 2004

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3Cited by13 opinions

  1. Worldmark, the Club v. Wyndham Resort Development Corp.California Court of Appeal · 2010
  2. Lofton v. Wells Fargo Home MortgageCalifornia Court of Appeal · 2014
  3. Antelope Valley Groundwater Cases Antelope Valley-east Kern Water Agency v. L. A. Cnty. Waterworks Dist. No. 40, Cross, California Court of Appeal, 5th District2018
  4. San Bernardino County Children & Family Services v. S.O.California Court of Appeal · 2011
  5. Brown v. Upside Gading, LPCalifornia Court of Appeal · 2019

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