PRETRIAL ADJUDICATION
...Pleading
......Class Actions
.........Generally
............Standing
4 Cards On This Topic:
  • Prop. 64 standing requirements apply only to class rep's, not absent class members; class rep must demonstrate actual reliance on allegedly deceptive or misleading statements as usual in ordinary fraud actions.
  • Self-pay ER patient who paid more than an insured patient had standing to claim the amount of the charges Ds' hospital billed him and other self-pay patients was unconscionable.
  • Trial court erred by sustaining demurrer to UCL and CLRA C/As against healthcare provider overcharging uninsured patients where, to extent P's claims were fraud-based, complaint adequately alleged reliance.
  • Class decertification order reversed and remanded for limited purpose of deciding whether named representatives can meet UCL standing req's of In re Tobacco II, and if not, whether amendment should be permitted.