Turcios v. Carma Laboratories, Inc.

296 F.R.D. 638, 2014 WL 323662, 2014 U.S. Dist. LEXIS 12938
CourtDistrict Court, C.D. California
DecidedJanuary 7, 2014
DocketNo. CV 12-8487-JGB (Ex)
StatusPublished
Cited by11 cases

This text of 296 F.R.D. 638 (Turcios v. Carma Laboratories, Inc.) 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
Turcios v. Carma Laboratories, Inc., 296 F.R.D. 638, 2014 WL 323662, 2014 U.S. Dist. LEXIS 12938 (C.D. Cal. 2014).

Opinion

ORDER DENYING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

[Motion filed May 3, 2013]

JESUS G. BERNAL, District Judge.

The Court has received and considered all papers filed in support of and in opposition to Plaintiffs Motion for Class Certification, as well as the arguments advanced by counsel at the July 1, 2013 hearing. For the reasons discussed below, the Court DENIES Plaintiffs Motion for Class Certification.

I. BACKGROUND

A. Procedural Background

Plaintiff Michael Turcios filed his Complaint as a class action in the California Superior Court for the County of Los Ange-les on September 6, 2012. Defendant Carma Laboratories, Inc. (“Carma Labs”) removed the action to this Court on October 3, 2012. (See Not. of Removal, Ex. B, Doc. No. 1.) On December 20, 2012, Plaintiff filed his First Amended Complaint (“FAC”), alleging claims for: (1) violation of the False Advertising Laws (“FAL”), Bus. & Prof.Code § 17500 et seq.; (2) violation of California’s Unfair Competition Laws (“UCL”), Bus. & Prof.Code § 17200 et seq.; and (3) violation of California’s Consumer Legal Remedies Act (“CLRA”), Civil Code § 1750 et seq. (FAC, Doc. No. 32.)

On April 8, 2013, Defendant filed a Motion for Sanctions under Federal Rule of Civil Procedure 11. (Doc. No. 41.) Plaintiff opposed the Motion for Sanctions on April 19, 2013 (Doc. No. 46), and Defendant replied on April 26, 2013 (Doc. No. 47). This Court denied Defendant’s Motion for Sanctions on May 2, 2013. (Doc. No. 52.)

On May 3, 2013, Plaintiff filed a Motion to Certify Class (“Motion,” Doc. No. 56), attaching the Declaration of Christopher P. Ridout (“Ridout Decl.,” Doc. No. 57). In his Motion, Plaintiff invokes Federal Rule of Civil Proce[642]*642dure 23(a) and 23(b)(3), and asks the Court to certify a class for his UCL and CLRA claims,1 composed of:

All persons residing in California who purchased Defendant’s product Carmex in a 0.25 oz plastic jar at a location in California at any time during the Class Period.

(Mot. at 10.)

Defendant opposed the Motion on June 3, 2013 (Doc. No. 60), attaching the Declaration of Rachel R. Davidson (“Davidson Deck,” Doc. No. 60-1) and the Declaration of Paul Woelbing (‘Woelbing Decl.,” Doc. No. 60-3). Plaintiff replied on June 17, 2013 (Doc. No. 66), attaching the Declaration of Bradley C. Buhrow (“Buhrow Decl.,” Doc. No. 66-1).

On July 8, 2013, the Parties filed supplemental briefing on the Motion, per the Court’s July 1, 2013 order. (Doc. Nos. 69, 71.)

B. Plaintiffs Allegations

Plaintiff alleges that prior to September 2010, Carmex packaged and distributed .25 oz plastic jars of Carmex lip balm in packaging that contains a false bottom, deceptive covering, and/or nonfunctional slack fill. (FAC ¶¶ 2, 16.) The jar had a thick bottom, and the total plastic comprised more than seventy percent of the jar (“Original Carmex Jar”). (Id. ¶¶ 16, 18.) After September 2010, Defendants eliminated the thick bottom of the jar by creating a concave bottom, but packaged the product using a cardboard backing or opaque sticker, which prevented the consumer from viewing the hollow space at the point of sale (“Green Carmex Jar”). (Id. ¶¶ 18-20, 40.) The standard packaging concealed that the bottom of the Green Car-mex Jar is hollow, comprising 36% of the overall volume of the jar. (Id. ¶ 22.) Additionally, both Carmex jars contain forty percent less product than the Original Carmex Tube, which appears smaller because the total container volume is less, but sells for the same price. (Id. ¶ 25.)

Plaintiff purchased this product, before and after September 2010, believing that the entire Carmex jar was filled. (Id. ¶¶ 3-4, 26.) Plaintiff alleges that he would not have paid the price he paid for it had he known that the entire Carmex jar was not filled. (Id. at ¶ 5.)

II. LEGAL STANDARD2

Federal Rule of Civil Procedure 23 governs class actions. Fed.R.Civ.P. 23. A party seeking class certification must demonstrate the following prerequisites: “(1) numerosity of plaintiffs; (2) common questions of law or fact predominate; (3) the named plaintiffs claims and defenses are typical; and (4) the named plaintiff can adequately protect the interests of the class.” Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir.1992) (citing Fed.R.Civ.P. 23(a)). The party may not rest on mere allegations, but must provide facts to satisfy these requirements. Doninger v. Pac. Northwest Bell, Inc., 564 F.2d 1304, 1309 (9th Cir.1977) (citing Gillibeau v. City of Richmond, 417 F.2d 426, 432 (9th Cir.1969)).

In addition to these prerequisites, a plaintiff must satisfy one of the three categories set out in Rule 23(b) in order to maintain a class action. Where, as here, a plaintiff moves for class certification under Rule 23(b)(3), a class must satisfy two conditions: (1) “the questions of law or fact common to class members predominate over any questions affecting only individual members” and (2) “a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.” Fed.R.Civ.P. 23(b)(3). The party seeking class certification bears the burden of demonstrating that it has met each of the four requirements of Rule 23(a) and at least one of the Rule 23(b) requirements. Zinser v. Accufix Research Inst., 253 F.3d 1180, 1186 (9th Cir.2001). To meet its burden, the moving party “‘must provide facts to satisfy these requirements; simply repeating the language of the rules ... is insufficient.’ ” In re Paxil Litig., 212 F.R.D. 539, 543 (C.D.Cal.2003) (quoting Bates v. United Parcel Serv., 204 F.R.D. 440, 443 (N.D.Cal.2001)) (ellipsis in original).

“The decision to grant or deny a motion for class certification is within the trial [643]*643court’s discretion.” Bateman v. American Multi-Cinema, Inc., 623 F.3d 708, 712 (9th Cir.2010). A class certification motion requires a district court to conduct a “rigorous analysis” that frequently “will entail some overlap with the merits of the plaintiffs underlying claim.” Wal-Mart Stores, Inc., v. Dukes, — U.S.-, 131 S.Ct. 2541, 2550, 180 L.Ed.2d 374 (2011). However, neither “the possibility that a plaintiff will be unable to prove his allegations, nor the possibility that the later course of the suit might unforeseeably prove the original decision to certify the class wrong, is a basis for declining to certify a class which apparently satisfies [Rule 23].”

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296 F.R.D. 638, 2014 WL 323662, 2014 U.S. Dist. LEXIS 12938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turcios-v-carma-laboratories-inc-cacd-2014.