Supreme Court of California Justia
Citation 23 Cal.4th 1079
Linder v. Thrifty Oil Co.



Linder v. Thrifty Oil Co. (2000), 23 Cal.4th 1079a

[No. S065501. Aug 9, 2000.]

ROCHELLE C. LINDER, Plaintiff and Appellant, v. THRIFTY OIL CO., Defendant and Respondent.

[Modification of Opinion (23 Cal.4th 429).]

THE COURT.-The opinion herein, appearing at 23 Cal.4th 429, is modified as follows:

The text of footnote 10 on page 448 is revised to read:

After the decision in Ratner, Congress amended the statutory scheme by expressly authorizing class actions and limiting the permissible aggregate recovery in a class action to the lesser of $100,000 or 1 percent of the net worth of the class action defendant found in violation of the act. (See generally Agostine v. Sidcon Corp. (E.D. Pa. 1975) 69 F.R.D. 437, 443-444.) The statutory limitation currently provides that the aggregate recovery of statutory damages in any class action or series of class actions arising out of the same failure to comply shall not exceed the lesser of $500,000 or 1 percent of the class action defendant's net worth. (15 U.S.C. ยง 1640(a)(2)(B).)

This modification does not affect the judgment.

Petition for review after the Court of Appeal affirmed an order in a civil action. This case presents a variety of issues concerning class certification.

Opinion Information
Date:Citation:Docket Number:Category:Status:
Wed, 08/09/200023 Cal.4th 1079S065501Review - Civil Appealclosed; remittitur issued

Parties
1Linder, Rochelle C. (Appellant)
Represented by Jeffery Jay Daar
Daar & Newman
865 S. Figueroa Street
Suite 2500
Los Angeles, CA

2Thrifty Oil Company (Respondent)
Represented by Mark T. Drooks
Bird, Marella, Boxer & Wolpert, A Pro Corporation
1875 Century Park East
23rd Floor
Los Angeles, CA

3National Association Of Consumer Advocates (Pub/Depublication Requestor)
Represented by Robert M. Bramson
Farrow, Bramson, Baskin & Plutzik
2125 Oak Grove Rd.
Suite 120
Walnut Creek, CA

4Western Center On Law & Poverty, Inc. (Pub/Depublication Requestor)
Represented by Richard A. Rothschild
Western Center On Law And Poverty, Inc.,
3701 Wilshire Blvd.
Ste 208
Los Angeles, CA

5Law Offices Of Robert Goldstein (Pub/Depublication Requestor)
6Laky, Haas & Cohler (Pub/Depublication Requestor)
7Washington Legal Foundation (Amicus curiae)
Represented by John R. Walton
Thomas & Walton
550 South Hope Street
Suite 1000
Los Angeles, CA

8Consumer Attorneys Of California (Amicus curiae)
Represented by Mark A. Chavez
Chavez & Gertler
42 Miller Ave.
Mill Valley, CA

9Consumer Attorneys Of California (Amicus curiae)
Represented by James C. Sturdevant
The Sturdevant Law Firm
475 Sansome Street, Suite 1750
San Francisco, CA

10Milberg, Weiss, Bershad, Hynes & Lerach (Pub/Depublication Requestor)
Represented by William S. Dato
Milberg, Weiss, Bershad, Hynes And Lerach
600 West Broadway
1800 One America Plaza
San Diego, CA

11Strong, Howard (Pub/Depublication Requestor)
Represented by Howard Strong
Attorney at Law
6923 Geyser Avenue
Reseda, CA

12Association For California Tort Reform (Amicus curiae)
13Union Oil Company Of California (Amicus curiae)
14California Retailers Association (Amicus curiae)

Disposition
Jun 26 2000Opinion: Reversed

Dockets
Nov 3 1997Petition for review filed
Applnt Rochelle C. Linder Rec Req'd
Nov 14 1997Request for depublication (petition for review pending)
Anderson and Anderson
Nov 17 1997Request for depublication filed (another request pending)
by non-party attorney, Howard Strong, in San Francisco.
Nov 20 1997Request for depublication filed (another request pending)
by non-party Western Center on Law and Poverty
Nov 21 1997Note:
CA Record Reordered
Nov 21 1997Note:
CA Record Reordered
Nov 21 1997Answer to petition for review filed
Respondent Thrifty Oil Company
Nov 24 1997Opposition filed
To Requests for Depublication by Counsel for Unocal.
Nov 24 1997Request for depublication filed (another request pending)
by non-party Law Offices of Robert A. Goldstein.
Nov 24 1997Request for depublication filed (another request pending)
by Milberg, Weiss, Bershad, Hynes and Lerach.
Nov 25 1997Received:
C/A Record-one Doghouse
Nov 26 1997Opposition filed
Respondent's opposition to requests to depubish from Howard Strong, Calpirg and the Privacy Rights Clearing House.
Nov 26 1997Filed:
Letter from Petnr in response to Letter of 11-24- from Counsel for Thrifty Oil Co.
Dec 2 1997Opposition filed
To Requests for Depublication by Attorney, Charles B. Cohler.
Dec 5 1997Filed:
Letter response to the Letter from Charles B. Cohler Opposing Depub. from Atty Howard Strong (Faxed)
Dec 17 1997Petition Granted
Votes: George C.J., Mosk, Kennard, Baxter, Werdegar, Chin & Brown JJ.
Jan 8 1998Application for Extension of Time filed
To file Opening brief [Appellant Linder'S] (Ok To Feb 17, 1998 - Order Being Prepared)
Jan 12 1998Extension of Time application Granted
To Feb 17, 1998, To file Applt's Opening brief on the merits
Feb 2 1998Application for Extension of Time filed
To file Aplt's brief on the merits (asking 3-17) (Nat)(Ok To Grant. Order Being Prepared)
Feb 10 1998Extension of Time application Granted
To Applt To 3-17-98 To file brief on the merits.
Mar 4 1998Application for Extension of Time filed
To file Appellant's Opening brief [Faxed-Ken]
Mar 11 1998Extension of Time application Granted
Aplt's Opening brief on the merits Is Due 4-6-98.
Mar 27 1998Application for Extension of Time filed
Opening brief/merits -Appellant-To-April 16th. -Faxed/Bridey [Tct by Hac]
Mar 31 1998Extension of time granted
App's Opening brief/merits to & Including 4/16/98
Apr 16 1998Opening brief on the merits filed
Appellant'S/Opening [Linder]
Apr 16 1998Request for Judicial Notice filed
Appellant [Linder] -Also Submitted- Volume of "Legislative History" Exhibits
May 13 1998Application for Extension of Time filed
To file answer brief/merits Resp Thrifty Oil Co. Asking-To-July 14th [Faxed To Sf]
May 20 1998Extension of Time application Granted
For Respondent to file the answer brief on the merits to and Including July 14, 1998
Jul 7 1998Application for Extension of Time filed
To file Respondent Thrifty Oil Company's answer brief/merits August 13th.
Jul 13 1998Extension of Time application Granted
For Respondent to file the brief on the merits to and Including Aug. 13, 1998.
Aug 14 1998Answer brief on the merits filed
Respondent Thrifty Oil. Co. [40n]
Aug 14 1998Motion filed (in non-AA proceeding)
Motion to take additional evidence to recent changes in Thrifty business, by tespondent Thrifty Oil Company
Aug 17 1998Filed:
Notice of change of Firm name Counsel for Respondent Thrifty Oil Company
Aug 26 1998Application for Extension of Time filed
Reply Brf/merits to 10-16-98 Appellant Rochelle C. Linder
Aug 28 1998Extension of Time application Granted
To & Including October 16, 1998 T/file Appellant's reply brief on the merits
Sep 16 1998Order filed:
The request to Take Additional Evidence, filed August 14, 1998, Is denied..
Oct 7 1998Application for Extension of Time filed
Reply Brf/merits to 10-27-98 Appellant Rochelle C. Linder
Oct 13 1998Extension of Time application Granted
To and Including 10/27/98 To Applt To file reply brief on the merits.
Oct 19 1998Filed:
Counsel for Applt now Jeffery J. Daar (Instead of David Daar)
Oct 27 1998Reply brief filed (case fully briefed)
Aplt Linder
Oct 27 1998Request for Judicial Notice filed
Aplt Linder
Nov 20 1998Application for Extension of Time filed
To Dec 15, 1998, To file AC brief of the Associa- Tion for California Tort Reform (Ok - Order Being Prepared)
Nov 24 1998Extension of Time application Granted
To Dec 15, 1998, To Submit Application and AC brief by Association for California Tort Reform in support of Resp
Nov 25 1998Application for Extension of Time filed
To file A/C App & brief of Union Oil Company of CA supporting Respondent Thrifty Oil Co. Kaw (Perm To 12-21, Order Being Prep)
Nov 30 1998Received application to file Amicus Curiae Brief
Of Washington Legal Foundation in support Of Resp
Nov 30 1998Received application to file Amicus Curiae Brief
Of Consumer Attorneys Of California in support Of Applt
Dec 10 1998Extension of Time application Granted
The A/C brief of Union Oil Co. Is now Due 12-21-98
Dec 10 1998Permission to file amicus curiae brief granted
Washington Legal Foundation in support of Respondent. answer Due: Dec. 30,1998.
Dec 10 1998Amicus Curiae Brief filed by:
Washington Legal Foundation in support of Respondent. answer Due: Dec. 30, 1998
Dec 10 1998Permission to file amicus curiae brief granted
Consumer Attorneys of California in support of Appellant. answer Due: Dec. 30, 1998
Dec 10 1998Amicus Curiae Brief filed by:
Consumer Attorneys of California in support of Appellant. Answser Due: Dec. 30, 1998.
Dec 16 1998Amicus Curiae Brief filed by:
Assn for Calif Tort Reform (40n)
Dec 18 1998Received application to file Amicus Curiae Brief
Union Oil Company of California, Etc., Etal [See Extn Doc#48]
Dec 22 1998Application filed to:
Consolidate response to AC briefs & Extn to 2-5-99 Appellant Rochelle C. Linder (Ok - Order Being Prepared)
Dec 23 1998Application filed to:
Consolidate response to AC briefs & Extn to 2-5-99 Respondent Thrifty Oil Company
Jan 4 1999Permission to file amicus curiae brief granted
Of Union Oil Company and California Retailers Asso in support Of Respondent
Jan 4 1999Amicus Curiae Brief filed by:
Union Oil Co and Calif Retailers Assoc in support of Respondent. answer Due Jan 25, 1999
Jan 4 1999Extension of Time application Granted
To Appellant To file A Consolidated answering brief To all AC briefs To 2-5-99 filed in support To Respondent
Jan 23 1999Filed:
Corrected Address for Amicus Curiae Attorney Robert Bramson
Feb 2 1999Application for Extension of Time filed
By Aplt Linder to file Consolidated answering brief to all AC briefs. Ok to grant to 3-8-99. Order Being Prepared.
Feb 10 1999Extension of Time application Granted
To & Including March 8, 1999 for Aplt & Resp To file A Consolidated answer brief To all A/C briefs
Mar 3 1999Application for Extension of Time filed
To file Consolidated answering brief To all AC briefs Asking-To-March 22nd. [Tct/Hm/Okay App's To 3/22/99 - Order in Prep]
Mar 8 1999Extension of time granted
App's Consolidated Anseer to all Amicus Curiae briefs to & Including 3/22/99
Mar 22 1999Response to Amicus Curiae Brief filed by:
Thrifty Oil Co to all AC briefs.
Mar 22 1999Filed:
Consolidated answering brief to Amicus briefs Appellant,Rochelle Linder
Mar 2 2000Case Ordered on Calendar:
4-4-00, 1:30, L.A.
Mar 16 2000Order filed:
Appellant's request to Take Judicial Notice, filed April 16, 1998 Is Granted. Appellant's request to Take Judicial Notied filed Oct.27, 1998, Is denied
Mar 22 2000Filed document entitled:
Notice of appearance of Counsel for A/C. Mark A. Chavez appearing for A/C Consumer Attys of Calif.
Mar 24 2000Filed:
Supplemental Authorities Respondent Thrifty Oil Co.
Mar 27 2000Order filed:
Perm Gtd for two Counsel to Argue on behalf of Aplt.
Mar 27 2000Order filed:
Perm Gtd for Aplt to Allocate 12 Min of Oral Arg time to A/C Consumer Attys of Calif.
Apr 4 2000Cause Called and Argued (not yet submitted)
Apr 4 2000Submitted by order
Jun 21 2000Filed letter from:
Counsel for Appellant Rochelle C. Linder Advising Court of A New Court of Appeal Decision.
Jun 23 2000Filed letter from:
Counsel for Respondent, Thrifty Oil Company Advising Court of A Recent Federal Court Case.
Jun 26 2000Opinion filed: Judgment reversed
Majority Opinion by Baxter, J. -- joined by George C.J., Mosk, Kennard, Werdegar, Chin & Brown JJ.
Jun 30 2000Received letter from:
Counsel for Appelant Rochelle C. Linder [dated Juen 28, 2000]
Jul 26 2000Time extended to consider modification or rehearing
Finality of the opinion in the above-entitled case is hereby extended to and including Aug. 9, 2000.
Aug 9 2000Opinion Modified -- no change in judgment
Aug 10 2000Remittitur Issued

Briefs
Apr 16 1998Opening brief on the merits filed
Appellant'S/Opening [Linder]
Aug 14 1998Answer brief on the merits filed
Respondent Thrifty Oil. Co. [40n]
Oct 27 1998Reply brief filed (case fully briefed)
Aplt Linder
Dec 10 1998Amicus Curiae Brief filed by:
Washington Legal Foundation in support of Respondent. answer Due: Dec. 30, 1998
Dec 10 1998Amicus Curiae Brief filed by:
Consumer Attorneys of California in support of Appellant. Answser Due: Dec. 30, 1998.
Dec 16 1998Amicus Curiae Brief filed by:
Assn for Calif Tort Reform (40n)
Jan 4 1999Amicus Curiae Brief filed by:
Union Oil Co and Calif Retailers Assoc in support of Respondent. answer Due Jan 25, 1999
Mar 22 1999Response to Amicus Curiae Brief filed by:
Thrifty Oil Co to all AC briefs.
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website