[Download] "Montgomery v. Bio-Med Specialties Inc." by Fourth Appellate District, Division Three Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: Montgomery v. Bio-Med Specialties Inc.
- Author : Fourth Appellate District, Division Three Court of Appeal of California
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This action is brought by four named plaintiffs on behalf of themselves and other residents of California who, during the period November 1979 through March 1980, had purchased eggs produced by the defendant Hayres Egg Producers and sold by defendant Safeway Stores, Inc. The named plaintiffs moved to have their proposed class certified. This appeal is from the trial courts order denying their motion to certify the class. We affirm the trial courts decision, and in doing so we hold: (1) that the trial court did not utilize improper criteria in determining the appropriateness of class certification; (2) that the action is without merit; (3) that the proffered economic damage class was not ascertainable; (4) that the device of "fluid recovery" cannot serve as a substitute for proof of the necessary element of damage where there is no probability of any individual class members coming forward and proving their particular damages, and where no public policy is served by utilization of a "fluid recovery" means of distribution.