On October 13, 2016 Conkle, Kremer & Engel attorneys Eric S. Engel and Zachary Page successfully defended a charitable organization faced with an attempted consumer class action. In Delgado v. Cars 4 Causes, a charity that accepted donations of vehicles was charged with fraud, false advertising, unfair competition and violation of the California Consumer Legal Remedies Act (CLRA). Plaintiff Delgado had donated a boat and trailer to Cars 4 Causes, and later complained that Cars 4 Causes did not adequately disclose its fees before providing a portion of the net proceeds from sale of the donation to Delgado’s designated third party charity.
In a class action, a critical juncture is reached when the plaintiff files a motion to ask the court to certify a class. Without a class certification, the action is just an individual claim, often with little value on its own. In Delgado v. Cars 4 Causes, CK&E was able to present compelling evidence and legal arguments that the claims of the prospective class members did not have sufficient common issues of fact, and that the proposed class members were not sufficiently ascertainable, to permit class certification. When class certification is denied, courts often allow the plaintiff a second or third chance to modify his class definition or otherwise amend his claims in order to meet the class certification requirements. But in Delgado v. Cars 4 Causes, CK&E was able to present such solid evidence and legal argument that the court was convinced of the futility of any such additional chances for the plaintiff. As a result, the court denied Delgado’s motion for class certification
“with prejudice.” This permanent denial of class certification ended the plaintiff’s effort to pursue a class action against Cars 4 Causes.
CK&E attorneys have substantial experience and success in defending class actions ranging from consumer unfair competition, false advertising and CLRA claims, to employment wage and hour claims.
OCT