Section 1950

Citation: Section 1950
Parent Document: Granberry v. Islay Investments, 889 P.2d 970 (1995)
Jurisdiction: California (state)
Effective Date: 1995-03-06
Original Source: https://www.courtlistener.com/opinion/1436586/granberry-v-islay-investments/ ↗

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The trial court's class action judgment required the landlord to refund only the security withheld from those class member tenants who might thereafter submit a claim against the landlord. The majority reverses the portion of the Court of Appeal's judgment affirming the trial court's class action remedy without reaching the issue of whether the trial court abused its discretion in fashioning that remedy. In order to provide guidance to the trial court on remand, I would reach that issue and hold that the trial court abused its discretion in ordering a class remedy that permits the landlord to retain class damages that are not claimed by individual class members.

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