Employment Law Blog

Filter:  Prince v. CLS Transp. Inc.

Demurrers to Class Allegations

“A demurrer to class allegations may be sustained without leave to amend only if it is clear there is no reasonable possibility that the plaintiffs could establish a community of interest among the potential class members and that individual issues predominate over common questions of law and fact.” Gutierrez, supra, 118 Cal.App.4th at 975 (citing Blakemore v. Superior Court (2005) 129 Cal.App.4th 36, 53) (internal quotations omitted). “If there is a reasonable possibility the plaintiffs can plead a prima facie community of interest among class members, the preferred course is to defer decision on the propriety of the class action until an evidentiary hearing has been held on the appropriateness of class litigation.” Id. “Judicial policy in California has long discouraged trial courts from determining class sufficiency at the pleading stage and directed that this issue be determined by a motion for class certification. In order to effect this judicial policy, the California Supreme Court has mandated that a candidate complaint for class action consideration, if at all possible, be allowed to survive the pleading stages of litigation.” Id. (citing Tarkington, supra, 172 Cal.App.4th at 1510).