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Ms. Wheelerchair California Pageant, Inc. et al v. Starline Tours of Hollywood, Inc.

MEMORANDUM in Support of MOTION to Certify Class 22

33 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,658 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,967 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  3. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,684 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  4. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,445 times   8 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  5. Gen. Tel. Co. v. EEOC

    446 U.S. 318 (1980)   Cited 1,383 times   7 Legal Analyses
    Holding that "the EEOC's enforcement suits should not be considered representative actions subject to Rule 23"

  6. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,061 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"

  7. Food Commercial Workers v. Brown Group

    517 U.S. 544 (1996)   Cited 668 times
    Holding that an associational plaintiff need only demonstrate that "its members, or any one of them, are suffering immediate or threatened injury"

  8. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,427 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  9. Zinser v. Accufix Research Inst., Inc.

    253 F.3d 1180 (9th Cir. 2001)   Cited 1,220 times   10 Legal Analyses
    Holding that a putative class did not meet the requirements of Rule 23(b) before discussing the elements of Rule 23.

  10. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,618 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,040 times   1236 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,881 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,149 times   127 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  14. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,816 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  15. Section 51 - Unruh Civil Rights Act

    Cal. Civ. Code § 51   Cited 4,673 times   35 Legal Analyses
    Incorporating ADA violations

  16. Section 12182 - Prohibition of discrimination by public accommodations

    42 U.S.C. § 12182   Cited 3,891 times   61 Legal Analyses
    Explaining that public accommodations cannot "directly or through contractual or other arrangements, utilize standards or criteria or methods of administration" that have the effect of discriminating on the basis of disability."

  17. Section 12181 - Definitions

    42 U.S.C. § 12181   Cited 3,463 times   27 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"

  18. Section 54 - Right to full and free use of streets, highways, sidewalks, public building, other public places

    Cal. Civ. Code § 54   Cited 1,136 times   5 Legal Analyses
    Defining "disability" as an "impairment that substantially limits one or more of the major life activities of the individual"

  19. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 987 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

  20. Section 54.1 - Entitlement to equal access to accommodations, advantages, facilities, etc.

    Cal. Civ. Code § 54.1   Cited 727 times
    Defining "service dog" as "any dog individually trained to the requirements of the individual with a disability"

  21. Section 37.3 - Definitions

    49 C.F.R. § 37.3   Cited 46 times   1 Legal Analyses
    Defining public entity to include local government, any department, agency or instrumentality of local government, and any commuter authority