Beck-Ellman v. Kaz USA, Inc.

283 F.R.D. 558, 2012 U.S. Dist. LEXIS 145380, 2012 WL 4788561
CourtDistrict Court, S.D. California
DecidedOctober 5, 2012
DocketNo. 3:10-CV-02134-H (DHB)
StatusPublished
Cited by10 cases

This text of 283 F.R.D. 558 (Beck-Ellman v. Kaz USA, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beck-Ellman v. Kaz USA, Inc., 283 F.R.D. 558, 2012 U.S. Dist. LEXIS 145380, 2012 WL 4788561 (S.D. Cal. 2012).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

MARILYN L. HUFF, District Judge.

On July 20, 2012, Plaintiffs Beverly BeckEllman and Sandy Mahoy (“Plaintiffs”) filed a motion for class certification. (Doc. Nos. 42, 43.) On August 21, 2012, Defendants Kaz USA, Inc. and Kaz, Inc. (collectively “Kaz” or “Defendants”) filed an opposition to Plaintiffs’ motion for class certification. (Doc. No. 56.) On September 14, 2012, Plaintiffs filed a reply. (Doc. Nos. 63, 64.) The Court held a hearing on the motion on October 4, 2012. Stuart Eppsteiner and Andrew Kubik appeared on behalf of Plaintiffs. Paul Wayne and Soojin Kang appeared on behalf of Defendants. For the following reasons, the Court grants in part and denies in part Plaintiffs’ motion for class certification.

Background

This is a consumer class action lawsuit brought on behalf of people who have purchased Kaz heating pads after relying on allegedly deceptive and misleading labeling and advertisements. (Doc. No. 1 (“Compl.”) at ¶¶ 11-16; Doc. No. 42 (“Pls.’ Br.”) at 1, 2.)1 Specifically, Plaintiffs allege that the heating pads contain several defects known to Defendants which both limit their utility and create physical danger for consumers, and that the heating pads are “packaged, displayed, marketed and sold” in boxes omitting information concerning those defects. (Compl. at ¶¶ 7-15; Pls.’ Br. at 2.) The parties estimate that Defendants sold approximately five million heating pads in the United States from 2002-2010, including over two-and-a-half million units in Pennsylvania and California. (Pls.’ Br. at 2.) California Plaintiff Beverly Beck-Ellman alleges that she purchased a Kaz SoftHeat HP215 heating pad in late 2007, which caused Ms. Beck-Ellman injury on or about January 25, 2008. (Compl. at ¶ 17; Pls.’ Br. at 5.) Pennsylvania Plaintiffs John Mahoy and Sandy Mahoy allege that they purchased a Kaz SoftHeat HP215 heating pad on or about January 30, 2010, which injured Mr. Mahoy and broke itself in the process. (Compl. at ¶ 19.)2

Based on the alleged misrepresentations, Plaintiff Beck-Ellman alleges seven causes of action for herself and on behalf of the California class: Violation of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq.; violation of California’s False Advertising Law, (“FAL”), Cal. Bus. & Prof.Code § 17500 et seq.; violation of California’s Consumer Legal Remedies Act (“CLRA”), Cal. Civ.Code § 1770 et seq.; breach of implied warranty under the Cali[563]*563fornia Song-Beverly Act; unlawful limitation and breach of warranty under the Federal Magnuson-Moss Warranty Act; and unjust enrichment. (Compl. ¶¶ 63-187.)

Plaintiff Sandy Mahoy alleges five causes of action for herself and the Pennsylvania Class: Violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), Pa. Const. St. § 201-1 et seq.; breach of implied warranty under Pennsylvania law, 13 Pa. Cons.Stat. §§ 2313-2314; unlawful limitation and breach of warranty under the Federal Magnuson-Moss Warranty Act; and unjust enrichment. (Compl. ¶¶ 63-187.)

Plaintiffs seek to certify two separate classes based on the consumer protection, implied warranty, and unjust enrichment causes of action under California, Pennsylvania, and federal law. The proposed classes consist of the following:

California Class: All residents of California who purchased heating pads in California for primarily personal, family, or household purposes from October 13, 2006, through the date of class notice[; and]
Pennsylvania Class: All residents of Pennsylvania who purchased heating pads in Pennsylvania for primarily personal, family, or household purposes from October 13, 2004, through the date of class notice.

(Pls.’ Br. at 11.)3,4

Discussion

I. Class Certification Standards

“The class action is ‘an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only.’ ” Wal-Mart Stores, Inc. v. Dukes, — U.S. —, 131 S.Ct. 2541, 2550, 180 L.Ed.2d 374 (2011) (citing Califano v. Yamasaki, 442 U.S. 682, 700-01, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979)). To qualify for the exception to individual litigation, the party seeking class certification must provide facts sufficient to satisfy the requirements of Federal Rules of Civil Procedure 23(a) and (b). Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180, 1186 (9th Cir.2001); Doninger v. Pac. Nw. Bell, Inc., 564 F.2d 1304, 1308-09 (9th Cir. 1977). Rule 23(a) requires Plaintiffs to demonstrate that: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. Fed.R.Civ.P. 23(a). Rule 23(b)(3) requires the court to find that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. Fed.R.Civ.P. 23(b)(3).

The Court considers “the capacity of a classwide proceeding to generate common answers apt to drive the resolution of the litigation. Dissimilarities within the proposed class are what have the potential to impede the generation of common answers.” Wal-Mart Stores, Inc., 131 S.Ct. at 2551. The district court must conduct a rigorous analysis to determine whether the prerequisites of Rule 23 have been met. Gen. Tel. Co. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). It is a well-recognized precept that “the class determination generally involves considerations that are enmeshed in the factual and legal issues comprising the plaintiffs cause of action.” Wal-Mart Stores, Inc., 131 S.Ct. at 2551 (quoting Falcon, 457 U.S. at 160, 102 S.Ct. 2364). “The district court is required to examine the merits of the underlying claim in this context [class certification], only inas[564]*564much as it must determine whether common questions exist; not to determine whether class members could actually prevail on the merits of their claims.” Ellis v. Costco Wholesale Corp., 657 F.3d 970, 981 (9th Cir. 2011) (citations omitted).

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283 F.R.D. 558, 2012 U.S. Dist. LEXIS 145380, 2012 WL 4788561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-ellman-v-kaz-usa-inc-casd-2012.