3:20-cv-04688
N.D. Cal.Aug 12, 2025Background
- Anibal Rodriguez and others filed a class action lawsuit against Google LLC in the Northern District of California.
- Class representative Sal Cataldo previously sat for a deposition but later sought to voluntarily dismiss his claims without prejudice, shortly before trial.
- Google opposed both Cataldo's dismissal and the exclusion of his deposition transcript, arguing his testimony was important to its defense.
- Plaintiffs moved in limine to bar Google from using evidence or argument related to Cataldo, following his request for dismissal.
- The case involved questions of whether voluntary dismissal of a key class representative should be permitted and whether his prior testimony could still be introduced at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntary dismissal of Cataldo as Plaintiff | Should be permitted; Cataldo wishes to withdraw | Dismissal harms defense and class structure | Permitted; no plain legal prejudice to Google |
| Admissibility of Cataldo's deposition | Should be excluded as hearsay and irrelevant | Critical for defense; still relevant as evidence | Allowed; deposition is admissible and relevant |
| Effect on class representation | Class can proceed with other representatives | Dismissal undermines adequacy and cohesion | No risk to class; class remains adequately represented |
| Prejudice to Defendant (Google) | No legal prejudice posed by dismissal | Significant trial preparation and reliance | No plain legal prejudice; inconvenience insufficient |
Key Cases Cited
- Smith v. Lenches, 263 F.3d 972 (9th Cir. 2001) (dismissal under Rule 41(a)(2) is generally without prejudice and should be granted absent plain legal prejudice)
- Westlands Water Dist. v. United States, 100 F.3d 94 (9th Cir. 1996) (explaining 'plain legal prejudice' in context of voluntary dismissal)
- Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143 (9th Cir. 1982) (preparation and expense not sufficient to deny voluntary dismissal)
- Pierce v. Cnty. of Orange, 526 F.3d 1190 (9th Cir. 2008) (admission of party-opponent statements from absent class members)