Gordon Rees Scully Mansukhani partner Benjamin Morton and associate Shelby Poteet successfully opposed a motion to certify a class on behalf of a local university. The proposed class consisted of the total enrollment from 2011 to the present who were alleged to have been misled about the costs of attendance and the ability to transfer their credits to other post-secondary institutions.
The plaintiffs alleged violation of the California Consumer Legal Remedies Act, fraud, negligent misrepresentation and violation of the Unfair Competition Law against the University. The opposition to the motion focused on the commonality and typicality analysis for class certification. The court adopted the University’s arguments and relied heavily upon the case citations provided by the University to find that not only did the named plaintiffs have varied and individual experiences during their enrollment but that the class as a whole did not have common claims.
The case was pending in San Diego Superior Court for two and a half years before the ruling. The case settled with the individually named plaintiffs within a week of the favorable ruling.