Knapp v. AT&T Wireless Services, Inc.
195 Cal. App. 4th 932
Cal. Ct. App.2011Background
- Knapp, on behalf of herself and others, seeks class certification against AWS for UCL, CLRA, and fraud claims based on allegedly misleading minutes-per-month representations and AWS’s rounding-up billing practice.
- AWS disclosed rounding-up policy in rate plan guides and welcome guides; Knapp did not read materials and relied on online plan representations.
- The class would include customers from multiple channels (in-store, online, direct mail, retailers) with varied representations.
- Evidence showed AWS used different marketing channels and retailer-specific documents, leading to nonuniform representations.
- A vice-president for AWS testified rounding-up is industry standard and generally understood by customers; Knapp testified she was unaware of rounding-up policy.
- The trial court denied class certification, finding no common issues predominating; the appellate court affirmed, citing substantial evidence of nonuniform representations and individualized inquiries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do common questions predominate over individual issues? | Knapp argues common misrepresentations exist. | AWS argues representations vary by channel and customer. | No; common issues do not predominate; individualized inquiries required. |
| Was the trial court's denial of class certification properly supported by substantial evidence? | Knapp contends the court erred in not certifying. | AWS argues there was substantial evidence of nonuniform representations. | Yes; substantial evidence supports the denial. |
| Are uniform misrepresentations by AWS shown to be likely across all class members? | Knapp asserts uniform misrepresentation in minutes claimed. | AWS contends different plans and disclosures negate uniformity. | No; lack of uniform representations defeats class-wide liability. |
Key Cases Cited
- Sav-On Drug Stores, Inc. v. Superior Court, 34 Cal.4th 319 (Cal. 2004) (establishes community-of-interest standard and review framework for class certification)
- Cohen v. DIRECTV, Inc., 178 Cal.App.4th 966 (Cal. App. 2009) (affirms denial of class where common issues do not predominate due to varied consumer experiences)
- Kaldenbach v. Mutual of Omaha Life Ins. Co., 178 Cal.App.4th 830 (Cal. App. 2009) (holds no uniform representations; significant individual issues)
- In re Tobacco II Cases, 46 Cal.4th 298 (Cal. 2009) (discusses standing vs. commonality in UCL context; relevance to class certification analysis)
- Vasquez v. Superior Court, 4 Cal.3d 800 (Cal. 1971) (early reliance/inference considerations for class-wide claims)
- Occidental Land, Inc. v. Superior Court, 18 Cal.3d 355 (Cal. 1976) (uniformity of misrepresentations necessary for class-wide liability)