Keilholtz v. Lennox Hearth Products Inc.

268 F.R.D. 330, 2010 U.S. Dist. LEXIS 14553, 2010 WL 668067
CourtDistrict Court, N.D. California
DecidedFebruary 16, 2010
DocketNo. C 08-00836 CW
StatusPublished
Cited by44 cases

This text of 268 F.R.D. 330 (Keilholtz v. Lennox Hearth Products Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keilholtz v. Lennox Hearth Products Inc., 268 F.R.D. 330, 2010 U.S. Dist. LEXIS 14553, 2010 WL 668067 (N.D. Cal. 2010).

Opinion

ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

CLAUDIA WILKEN, District Judge.

This case involves the sale of single-paned sealed glass-front gas-burning fireplaces. Plaintiffs claim that the sale of these fireplaces violates the California Unfair Competition Law (UCL), California Business & Professions Code § 17200; the Consumer Legal Remedies Act (CLRA), California Civil Code § 1750; and the doctrine of unjust enrichment. Plaintiffs have filed a motion for class certification. Defendants1 oppose the motion. The matter was taken under submission on the papers. Having considered all of the papers filed by the parties, the Court grants Plaintiffs’ motion.

BACKGROUND

On February 6, 2008, Plaintiffs filed this putative class action on behalf of themselves and all similarly situated persons who are the owners of homes in which Defendants’ glass-enclosed gas fireplaces are installed. According to Plaintiffs’ fourth amended complaint (FAC), Defendants are the “developers, designers, manufacturers, assemblers, testers, inspectors, marketers, advertisers, distributors and sellers of Superior2 and Lennox brand single pane sealed glass front gas fireplaces.” FAC ¶ 8.

Plaintiffs allege that Defendants sold the fireplaces with the specific intention of having builders install them in homes throughout the United States. FAC ¶ 14. By selling the fireplaces, Defendants represented to consumers that they were “safe, of mercantile quality, and fit for their intended and reasonably foreseeable uses, and had suffi[334]*334eient protections and warnings regarding potential dangers and hazards which reasonable consumers would expect and assume to be provided in order to make a decision whether to purchase a home installed with [the fireplace] or purchase [a fireplace].” Id.

Plaintiffs further allege that Defendants failed to disclose or concealed the fact that the fireplaces are dangerous and unsafe given that the unguarded single pane glass-sealed front may reach temperatures in excess of 475 degrees Fahrenheit, which may cause third degree burns to skin contacting the glass. Id. at ¶ 15. Lastly, Plaintiffs allege that because of Defendants’ conduct and omissions, members of the putative class came to own residential homes in which the fireplaces were installed. Id. at ¶ 16.

On March 30, 2009, the Court granted in part Defendants’ first motion to dismiss the complaint. Plaintiffs were granted leave to amend and they filed a second amended complaint on June 1, 2009. On September 8, 2009, the Court granted Defendants’ second motion to dismiss the time-barred UCL, CLRA and unjust enrichment claims. Thus, Plaintiffs’ CLRA and unjust enrichment claims arising outside of the three-year statute of limitations and their UCL claims arising outside of the four-year statute of limitations were dismissed.

Plaintiffs now move to certify a class consisting of:

All consumers who are residents of the United States and who own homes or other residential dwellings in which one or more Superior or Lennox brand single-pane sealed glass front fireplaces have been installed since February 6, 2004 and all consumers who are residents of California and own homes or other residential dwellings in which one or more Superior brand single-pane glass sealed front fireplaces have been installed since March 1,2003.
“Consumer” means an individual who bought his or her home or fireplace for personal, family, or household purposes.
Excluded from the class are (1) the judge to whom this case is assigned and any member of the judge’s immediate family; and (2) anyone who suffered personal injury related to Defendants’ fireplaces.

Motion for Class Certification at 2-3.

LEGAL STANDARD

Plaintiffs seeking to represent a class must satisfy the threshold requirements of Rule 23(a) as well as the requirements for certification under one of the subsections of Rule 23(b). Rule 23(a) provides that a case is appropriate for certification as a class action if: “(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) further provides that a case may be certified as a class action only if one of the following is true:

(1) prosecuting separate actions by or against individual class members would create a risk of:
(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or
(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;
(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or
(3) the court finds 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 adjudi[335]*335eating the controversy. The matters pertinent to these findings include:
(A) the class members’ interests in individually controlling the prosecution or defense of separate actions;
(B) the extent and nature of any litigation concerning the controversy already begun by or against class mem- • bers;
(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and
(D) the likely difficulties in managing a class action.

Fed.R.Civ.P. 23(b).

Plaintiffs seeking class certification bear the burden of demonstrating that each element of Rule 23 is satisfied, and a district court may certify a class only if it determines that the plaintiffs have borne their burden. General Tel. Co. v. Falcon, 457 U.S. 147, 158-61, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982); Doninger v. Pac. Nw. Bell, Inc., 564 F.2d 1304, 1308 (9th Cir.1977). In making this determination, the court may not consider the merits of the plaintiffs’ claims. Burkhalter Travel Agency v. MacFarms Int'l, Inc., 141 F.R.D. 144, 152 (N.D.Cal.1991). Rather, the court must take the substantive allegations of the complaint as true. Blackie v. Barrack,

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Bluebook (online)
268 F.R.D. 330, 2010 U.S. Dist. LEXIS 14553, 2010 WL 668067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keilholtz-v-lennox-hearth-products-inc-cand-2010.