Legal Opinion

LaLiberte v. Pacific Mercantile Bank

California Court of Appeal

Decided January 25, 2007No. G036235PublishedCited by 6 opinions

1Opinion of the Court

Opinion

ARONSON, J.

Plaintiffs James LaLiberte and Jann and Dennis O’Connor appeal the trial court’s orders sustaining demurrers to class allegations without leave to amend. Plaintiffs contend they should have been allowed to further amend their class definition or to conduct further discovery to identify an adequate class representative. Plaintiffs also contend the trial court erred in ruling that rescission is unavailable as a class remedy for violations of the Truth in Lending Act (TILA) (15 U.S.C. § 1601 et seq.) 1 and regulation Z, implementing TELA.

We agree the trial court erred in…

2Cases cited15 opinions

  1. Goodman v. KennedyCalifornia Supreme Court · 1976
  2. La Sala v. American Savings & Loan Ass'nCalifornia Supreme Court · 1971
  3. Terry Johnson v. West Suburban Bank Tele-Cash Inc. County Bank of Rehoboth Beach, Delaware Tele-Cash Inc. County Bank of Rehoboth Beach, DelawareCourt of Appeals for the Third Circuit · 2000
  4. PARKOWNERS ASS'N v. City of MontclairCalifornia Court of Appeal · 1999
  5. Wilner v. Sunset Life InsuranceCalifornia Court of Appeal · 2000

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3Cited by6 opinions

  1. Andrews v. Chevy Chase BankCourt of Appeals for the Seventh Circuit · 2008
  2. (HC) Casillas v. Secretary of CorrectionsDistrict Court, E.D. California · 2019
  3. Andrews v. Chevy Chase BankCourt of Appeals for the Seventh Circuit · 2008
  4. Andrews, Bryan v. Chevy Chase BankCourt of Appeals for the Seventh Circuit · 2008
  5. Cory Mac A Ghobhainn v. City of Los AngelesDistrict Court, C.D. California · 2024

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