Stanford Law School - Robert Crown Law Library

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. § 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, 08/09/2000	23 Cal.4th 1079	S065501	Review - Civil Appeal	closed; remittitur issued

Disposition
Jun 26 2000	Opinion: Reversed

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

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

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