Bruno v. Eckhart Corp.

280 F.R.D. 540, 2012 U.S. Dist. LEXIS 30873, 2012 WL 752090
CourtDistrict Court, C.D. California
DecidedMarch 6, 2012
DocketNo. SACV 11-0173 DOC (Ex)
StatusPublished
Cited by12 cases

This text of 280 F.R.D. 540 (Bruno v. Eckhart Corp.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruno v. Eckhart Corp., 280 F.R.D. 540, 2012 U.S. Dist. LEXIS 30873, 2012 WL 752090 (C.D. Cal. 2012).

Opinion

ORDER DENYING MOTION TO DE-CERTIFY CLASS OR RECONSIDER ORDER CERTIFYING CLASS

DAVID O. CARTER, District Judge.

Before the Court is a Motion to Decertify Nationwide Class or In the Alternative Reconsider the Class Certification Order (“Motion”) filed by Defendants Tischon Corporation and Quten Research Institute LLC (collectively, “Defendants”). (Dkt. 86). The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15.

Defendants move to decertify the class under two alternative procedural rules: (1) Federal Rule of Civil Procedure 23(c)(1)(C), which vests federal courts with the discretion to amend class certification before a final judgment; and (2) Local Rule 7-18, which allows a party to move a court to reconsider a prior decision in certain circumstances. [543]*543Defendants contend that a recent Ninth Circuit ease, Mazza v. Am. Honda Motor Co., 666 F.3d 581 (9th Cir.2012), represents a material change in the law.

Defendants’ argument fails because Mazza is not a material change in the law, given that: (1) Mazza did not and could not change state substantive law articulated by the California Supreme Court; (2) Mazza did not and could not overrule Ninth Circuit precedent interpreting state law; and (3) Defendants’ interpretation of Mazza contradicts the express purpose of the Class Action Fairness Act. Alternatively, Mazza is distinguishable from the present case because Defendants’ briefing in the prior motion differs from that of the defendants in Mazza and the facts of this case differ from those in Mazza.

Thus, after considering the moving, opposing, and replying papers, the Court DENIES the Motion.

I. Background

Plaintiff Kelley Bruno (“Plaintiff’) purchased a liquid product that claimed on its packaging to have six times better absorption and effectiveness than the equivalent active ingredient in competing brands. Bruno v. Quten Research Inst., LLC, 280 F.R.D. 524, 528 (C.D.Cal.2011). Plaintiff filed a putative class action against Defendants Tischon Corporation and Quten Research Institute LLC (collectively, “Defendants”), the manufacturer and marketer of the product respectively. Id. Plaintiff alleged that Defendants’ statements about the liquid product’s better absorption and effectiveness were misrepresentations. Id.

a. This Court’s class certification order

Plaintiff moved to certify a class based on Defendants’ alleged violations of the following California laws: (1) California’s Unfair Competition Law (UCL); (2) False Advertising Law (FAL); (3) Consumer Legal Remedies Act (CLRA); and (4) breach of express warranty. Id. at 529.

After considering the papers and oral argument, this Court certified a nationwide class in an Order issued on November 14, 2011. In relevant part, this Court’s Order held that application of California law to a nationwide class comported with Due Process, citing several decisions reaching the same conclusion under the same California causes of action at issue here. Id. at 538-39.

The Court explained that, “[ujnder California law, once Plaintiff makes this showing that due process is satisfied, the burden shifts to Defendants to show that the laws of another state should apply.” Id. at 538 (citing Wash. Mut. Bank, FA v. Superior Court, 24 Cal.4th 906, 921, 103 Cal.Rptr.2d 320, 15 P.3d 1071 (2001)). Having concluded that “application of California law to the claims of the class does not violate due process,” the Court stated that “it is Defendants’ burden to show that the law of another forum, rather than California law, should apply.” Id. at 539 (citing Wash. Mut. Bank, FA v. Superior Court, 24 Cal.4th 906, 921, 103 Cal.Rptr.2d 320,15 P.3d 1071 (2001)).

The Court then explained that, “[ujnder California’s choice-of-law analysis, also referred to as the ‘governmental interest test,’ a court must: (1) first determine whether the relevant law is the same or different across the affected jurisdictions; (2) if there is a difference in the law, proceed to analyze each jurisdiction’s interest in the application of its own law to the particular circumstances to determine whether a true conflict exists; and (3) if a true conflict exists, weigh the strengths of the interests to determine which state’s interest would be more impaired by not having its law applied.” Id. (citing Kearney v. Salomon Smith Barney, 39 Cal.4th 95, 107-08, 45 Cal.Rptr.3d 730, 137 P.3d 914 (2006)). The Court explained that the “first step requires a court to find that there is a ‘material difference’ between the different states laws ‘on the facts of this case.’ ” Id. (quoting Pokorny v. Quixtar, Inc., 601 F.3d 987, 995 (9th Cir.2010)).

The Court concluded that Defendants had not met their burden to establish the first element of the California choice-of-law analysis. The Court explained that “Defendants provide[d] no law from any jurisdiction for the Court to consider, instead citing another court’s conclusion that ‘there are material conflicts between California’s consumer pro[544]*544tection laws and the consumer protection laws of the other forty-nine states.’ ” Id., 280 F.R.D. at 539. This was insufficient because Defendants had “the burden of showing that there is an actual conflict between California and other law____‘on the facts of this case.’ ” Id. at 539-40.

b. Subsequent Ninth Circuit case Mazza v. American Honda Motor Co.

On January 12, 2012, the Ninth Circuit issued a decision in Mazza v. Am. Honda Motor Co., 666 F.3d 581 (9th Cir.2012) that vacated a certification of a nationwide class. In Mazza, the plaintiffs alleged that a car company made various misrepresentations in six different marketing campaigns using different media regarding a technology package in its cars. The plaintiffs brought claims under four California causes of action: (1) UCL; (2) FAL; (3) CLRA; and (4) unjust enrichment. Mazza, 666 F.3d at 587.

Mazza followed the same California choice-of-law rules this Court applied to decide whether California law governed the nationwide class. In its analysis, Mazza explained that the defendant “exhaustively detailed the ways in which California law differs from the laws of the 43 other jurisdictions.” Id. at 591. The plaintiffs did “not contest these differences” in certain laws. Id. at 591 n. 3. The Ninth Circuit did not raise or refute any argument by plaintiffs regarding these differences. Id. at 590-91.

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Cite This Page — Counsel Stack

Bluebook (online)
280 F.R.D. 540, 2012 U.S. Dist. LEXIS 30873, 2012 WL 752090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruno-v-eckhart-corp-cacd-2012.