Civil Litigation,
California Supreme Court,
California Courts of Appeal
Mar. 8, 2018
Can you ascertain that class?
California appellate courts have issued conflicting opinions on what ascertainability means.
Terence N. Hawley
Partner
Reed Smith LLP
Email: thawley@reedsmith.com
UC Berkeley SOL; Berkeley CA
Terence focuses on complex business disputes and class action defense
Defendants facing class actions often wrestle with questions involving who is in the class, who is out, and how and when class members will be identified. These issues are sometimes framed in terms of whether the class is "ascertainable." Ascertainability questions are particularly vexing in certain types of cases, including those in which the defendant has not kept records of the transactions at issue -- for example, cases involving over-the-counter sales of consumer...
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