ATLANTA IMPOUND, INC v. YARON ATTIA
A24A1394
Ga. Ct. App.Mar 11, 2025Background
- Plaintiff Yaron Attia's tractor-trailer was booted by Atlanta Impound, Inc. in 2017 at a commercial property in DeKalb County, Georgia that lacked any vehicle immobilization ordinance.
- Attia paid $500 to have the boot removed and later filed a class action, alleging Atlanta Impound unlawfully booted vehicles and charged fees at locations without legal authority.
- Attia sought certification for a class of all persons similarly situated across Georgia, supported by over 1,000 Atlanta Impound invoices.
- The trial court granted class certification, accepting Attia’s proposed class definitions and finding the statutory prerequisites satisfied.
- Atlanta Impound appealed, arguing mainly that the class was not ascertainable and Attia did not meet other class certification requirements due to lack of identified class members beyond himself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ascertainability | Class is objectively ascertainable from invoices/data | Not ascertainable—no names of class members on invoices | Class definition and data are sufficient |
| Numerosity | >1,000 relevant incidents make joinder impracticable | Only 1 named member; can't establish impracticability | Numerosity met by invoice evidence |
| Commonality | All incurred same injury (unlawful booting w/o ordinance) | Can't know members' cases are common without their identities | Sufficient common legal/factual questions |
| Typicality/Adequacy | Attia's claims typical; experienced counsel | Can't prove typicality/adequacy without identifying members | Requirements satisfied |
Key Cases Cited
- Endochoice Holdings v. Raczewski, 351 Ga. App. 212 (2019) (trial court discretion in class certification)
- RCC Wesley Chapel Crossing, LLC v. Allen, 313 Ga. 69 (2021) (no common-law right for private property booting)
- Brenntag Mid South v. Smart, 308 Ga. App. 899 (2011) (numerosity and typicality standards for class actions)
- City of Roswell v. Bible, 351 Ga. App. 828 (2019) (ascertainability not requiring each member to be known)
- Liberty Lending Svcs. v. Canada, 293 Ga. App. 731 (2008) (adequacy and typicality factors)