Maez v. Springs Automotive Group, LLC

268 F.R.D. 391, 2010 U.S. Dist. LEXIS 69881, 2010 WL 2543553
CourtDistrict Court, D. Colorado
DecidedJune 21, 2010
DocketCivil No. 09-cv-01159-REB-CBS
StatusPublished
Cited by29 cases

This text of 268 F.R.D. 391 (Maez v. Springs Automotive Group, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maez v. Springs Automotive Group, LLC, 268 F.R.D. 391, 2010 U.S. Dist. LEXIS 69881, 2010 WL 2543553 (D. Colo. 2010).

Opinion

ORDER GRANTING AMENDED MOTION FOR CLASS CERTIFICATION

BLACKBURN, District Judge.

The matter before me is plaintiffs Amended Motion for Class Certification [# 47]1 filed May 26, 2010. I grant the motion.

I. JURISDICTION

I have jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 (federal question) and 1367 (supplemental jurisdiction), and 15 U.S.C. § 1640(e) (Truth in Lending Act).

II. STANDARD OF REVIEW

Pursuant to Fed.R.Civ.P. 23(a), a class may be certified if the following requirements are met: (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 those of the class, and; (4) the representative parties will adequately protect the interests of the class. See Fed.R.CivP. 23(a).

If the requirements of Rule 23(a) are satisfied, then one of the alternative requirements outlined in Rule 23(b) also must be met. Plaintiff seeks class certification primarily under Rule 23(b)(3), which provides that the action may be maintained as a class action if “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 adjudicating the controversy.” Fed.R.Civ.P. 23(b)(3). Matters pertinent to the court’s inquiry under Rule 23(b)(3) 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 members; (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.

Id.

Class certification is a matter committed to the discretion of the trial court. Anderson v. City of Albuquerque, 690 F.2d 796, 799 (10th Cir.1982). Once certified a class may be altered, expanded, subdivided, or abandoned as the case develops. See, e.g., Daigle v. Shell Oil Co., 133 F.R.D. 600, 602 (D.Colo. 1990); Dubin v. Miller, 132 F.R.D. 269, 270-75 (D.Colo.1990). Given this flexibility, doubts about the propriety of entertaining a class action should be resolved in favor of proceeding on granting certification. Esplin v. Hirschi, 402 F.2d 94, 99 (10th Cir.1968) (“[I]f there is to be an error made, let it be in favor and not against the maintenance of the class action, for it is always subject to modification should later developments during the course of the trial so require.”), cert. denied, 394 U.S. 928, 89 S.Ct. 1194, 22 L.Ed.2d 459 (1969).

III. ANALYSIS

On February 24, 2009, plaintiff purchased a used car from defendant, which she financed through a Retail Installment Sales Contract (“RISC”). Although plaintiff was charged $189.20 for a government certificate . of title fees, the actual cost to file such documents was $17.20. Plaintiff contends that these overcharges (1) violate the Truth [394]*394in Lending Act, 15 U.S.C. §§ 1638(a)(2), (3), (4) & (6) (“TILA”), and certain of its implementing regulations, 12 C.F.R. §§ 226.18(b), (d), (e) & (f) & 226.4 (“Regulation Z”); and (2) also constitute civil theft under state law, § 18-4-405, C.R.S.

Plaintiff seeks certification of a plaintiff class. I denied without prejudice plaintiffs previous motion for class certification on the ground that the then-proposed class definition was inappropriately vague and imprecise. (See Order Denying Without Prejudice Motion for Class Certification [# 45] entered May 19, 2010.) See also Anderson v. Merit Energy Co., 2008 WL 2484187 at *2 (D.Colo. June 19, 2008) (“A class is adequately defined if its members can be ascertained by reference to objective criteria.”) (citation and internal quotation marks omitted). The instant motion is plaintiffs attempt to rectify those infirmities.2 In analyzing this motion, I have relied also on the substantive arguments set forth in the parties’ briefs in support of and opposition to the original motion for class certification.

A. CLASS DEFINITION

Although not mentioned specifically in Rule 23 itself, a prerequisite to class certification is an appropriate class definition. Stolz v. United Brotherhood of Carpenters & Joiners of America, Local Union No. 971, 620 F.Supp. 396, 403 (D.Nev.1985). Plaintiff now proposes the following revised class definition:

All consumers who, in the State of Colorado, entered into Sale Contracts with the Defendant wherein the consumer was overcharged for statutory filing fees in excess of those permitted by the State of Colorado Department of Revenue.3

Defendant maintains that the proposed definition is inappropriate because plaintiff has failed to define a class with claims similar to hers, noting that 125 of the 516 individuals plaintiff has identified as having been overcharged for title filing fees did not enter into financing agreements with defendant at all, but rather paid cash. This assertion is true and apparently uncontested, but as the proposed class definition specifically contemplates that the class will consist of those who “entered into Sale Contracts,” individuals who did not finance are excluded from the proposed class in any event. Moreover, defendant does not explain how the potential claims of the remaining 391 putative plaintiffs who did finance their purchases are so substantially dissimilar from plaintiffs claim as to undermine the proposed class definition.

With respect to plaintiffs state law claim for civil theft, defendant maintains that plaintiff “has neglected to address how the[ ] required elements of detrimental reliance and specific intent could be established on a class-wide basis[.]” Clearly, however, the misrepresentation sought to be relied on in this case was that contained in the RISC to the effect that the filing fees were greater than the actual cost to defendant. Nothing in the cases cited by defendant suggest that any more direct or personal statement is required to satisfy this element of a civil theft claim under Colorado law, as defendant’s argument implies. Defendant’s remaining arguments go to the merits of the civil theft claim, which are not appropriate for resolution on a motion for class certification, see Vallario v. Vandehey, 554 F.3d 1259, 1267 (10th Cir.2009), and to alleged pleading defects, which would have been better addressed in a motion to dismiss.

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268 F.R.D. 391, 2010 U.S. Dist. LEXIS 69881, 2010 WL 2543553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maez-v-springs-automotive-group-llc-cod-2010.