Thomas v. Baca

231 F.R.D. 397, 2005 U.S. Dist. LEXIS 39022, 2005 WL 1200268
CourtDistrict Court, C.D. California
DecidedMay 17, 2005
DocketNo. CV04-08448 DDP (SHX)
StatusPublished
Cited by4 cases

This text of 231 F.R.D. 397 (Thomas v. Baca) 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
Thomas v. Baca, 231 F.R.D. 397, 2005 U.S. Dist. LEXIS 39022, 2005 WL 1200268 (C.D. Cal. 2005).

Opinion

ORDER (1) GRANTING MOTION FOR CLASS CERTIFICATION AND (2) GRANTING MOTION FOR AN ORDER TO PERMIT IDENTIFICATION OF CLASS MEMBERS

PREGERSON, District Judge.

This matter is before the Court on the plaintiffs’ motion for class certification and for an order to permit the identification of class members. After reviewing the papers submitted by the parties and hearing oral argument, the Court grants the motions.

I. Background

The plaintiffs in this case, S.A. Thomas and E.L. Gipson, allege that they were detained by the Los Angeles Sheriffs Department (“LASD”) during May, June, and July 2004. (First Amended Complaint (“FAC”) ¶¶ 15-20.) Both plaintiffs allege that they were required to sleep on the floor in their cells during their detentions. (FAC ¶¶ 19-20.) Further, Thomas alleges that he was over-detained for two days following his ordered release date. (FAC ¶ 17.) The plaintiffs bring claims for violations of their Fourth and Fourteenth Amendment rights. (FAC ¶ 25.) The plaintiffs here move for certification of two classes of LASD detainees who have suffered identical injuries. They also move for an order permitting the identification of class members. Because a class of LASD over-detainees already exists, see Berry v. Baca, CV 01-02069 DDP, Order Granting Plaintiffs Motion for Class Certification, May 2, 2005, that part of this motion is moot. The Court now considers the remaining issues presented by the motion, i.e. whether certification of a “floor sleepers” class is warranted, and, if so, whether an order should issue to permit the identification of members of such a class.

[399]*399II. Discussion

A. Standard for Certification Under Rule 23

Rule 23 of the Federal Rules of Civil Procedure outlines a two-step process for determining whether class certification is appropriate. First, Rule 23(a) sets forth four conjunctive prerequisites that must be met for any class:

(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); see also Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir. 1992). These four requirements are often referred to as numerosity, commonality, typicality, and adequacy. See General Tel. Co. v. Falcon, 457 U.S. 147, 156, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982); and In re Adobe Sys., Inc. Sec. Litig., 139 F.R.D. 150, 153 (N.D.Cal. 1991).

Second, assuming the requirements of subdivision (a) are satisfied, the party seeking class certification must also demonstrate that the action falls within one of the three kinds of actions permitted under Rule 23(b). See Fed.R.Civ.P. 23(b); see also In re Adobe Sys., 139 F.R.D. at 153. Specifically, the plaintiffs must demonstrate their claim is proper under Rule 23(b)(1), (b)(2), or (b)(3).

An action is proper under Rule 23(b)(1) when there is either “a risk of prejudice from separate actions establishing incompatible standards of conduct” or the judgment in an individual lawsuit might adversely impact other class members. Schwarzer et al., Federal Civil Procedure Before Trial, ¶ 10:385 at 10-62-63 (1999), This particular type of class action does not permit the recovery of damages. See Alpert v. U.S. Industries, Inc., 59 F.R.D. 491, 499 (C.D.Cal.1973).

An action is proper under Rule 23(b)(2) if the defendant “has acted (or refused to act) in a manner applicable to the class generally, thereby making injunctive or declaratory relief appropriate with respect to the class as a whole.” Schwarzer, supra, at 10-63. Rule 23(b)(2) actions are common where injunctive or declaratory relief is the primary relief sought on behalf of the class. See id. ¶¶ 10:399^100 at 10-66. Recovery of damages is generally not available in a Rule 23(b)(2) class action.

Finally, an action is proper under Rule 23(b)(3) if “questions of law or fact common to the class ‘predominate’ over questions affecting the individual members,” and the court determines that a class action is “superior to other methods available for adjudicating the controversy.” Id. (discussing additional requirements of predominancy and superiority in Rule 23(b)(3) action). Recovery of damages is available under Rule 23(b)(3). If a class is certified under Rule 23(b)(3), all absent class members must be notified of the action and informed of their right to “opt-out” of the litigation. See id. ¶ 10:386.

In evaluating a motion for class certification, “[t]he court is bound to take the substantive allegations of the complaint as true.” In re Unioil Sec. Litig., 107 F.R.D. 615, 618 (C.D.Cal.1985) (internal quotations omitted). Moreover, “[i]n determining the propriety of a class action, the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of Rule 23 are met.” Eisen v. Carlisle and Jacquelin, 417 U.S. 156, 178, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974) (quoting Miller v. Mackey International, 452 F.2d 424, 427 (5th Cir. 1971)). Nonetheless, the plaintiffs bear the burden of establishing each of the required elements for class certification. See id. at 617 (citing In re Northern Dist. of Cal., Dalkon Shield IUD Prods. Liab. Litig., 693 F.2d 847, 854 (9th Cir.1982)).

B. Rule 23(a) Requirements

1. Numerosity

The plaintiffs must first demonstrate that “the class is so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. Rule 23(a)(1). While there is no precise threshold, courts have found that the numer-osity requirement “has been satisfied when [400]*400the class comprises 40 or more members and will find that it has not been satisfied when the class comprises 21 or fewer.” Ansari v. New York Univ., 179 F.R.D. 112, 114 (S.D.N.Y.1998). Classes with relatively small membership are regularly certified. See e.g., Jordan v. Los Angeles, 669 F.2d 1311, 1319 (9th Cir.1982) (thirty-nine class members), vacated on other grounds, 459 U.S. 810, 103 S.Ct. 35, 74 L.Ed.2d 48 (1982).

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Bluebook (online)
231 F.R.D. 397, 2005 U.S. Dist. LEXIS 39022, 2005 WL 1200268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-baca-cacd-2005.