California Supreme Court Remands "Virtual Representation" Case

I missed this while I was out with my broken leg last fall.

On September 9, 2009, the Cal. Supreme Court remanded Deleon v. Verizon Wireless to the Second District Court of Appeal for reconsideration in light of the Court's decision in Arias v. Superior Court (Angelo Dairy). In Deleon, the Court of Appeal originally held that where the plaintiff in a class action pleads the same set of operative facts violating the same primary rights as were raised in a prior class action against the same defendant -- that employer made unlawful chargebacks against employees’ commissions -- even though parties sought different forms of relief, the primary right invaded was identical, and the latter class action was barred by res judicata to the extent that the plaintiff sought relief on behalf of class members who had settled the prior class action. The Court also held that the trial court abused its discretion in denying the plaintiff leave to amend his complaint to state claims that accrued after the settlement date of the prior action.

Our post on Deleon is here, and our post on the Supremes' decision in Arias is here.