Steve Doyle v. Chrysler Group, LLCSteve Doyle v. Chrysler Group, LLC
3. The district court did not abuse its discretion in denying leave to amend and entering dismissal with prejudice. The Rooker-Feldman doctrine and Defendants’ Eleventh Amendment immunity are each fatal to Plaintiffs’ claims and it is clear that these deficiencies could not be cured by amendment. See Kendall v. Visa U.S.A., Inc., 518 F.3d 1042, 1051 (9th Cir. 2008).
4. Because we need not assess the merits of Plaintiffs’ claims, their Motion Requesting Judicial Notice (Doc. No. 17) is denied as moot.
AFFIRMED.
Kirk Christopher Jenkins, San Francisco, CA, Hall R. Marston, Los Angeles, CA, Sedgwick LLP, Kathy Wisniewski, Esquire, Attorney, Thompson Coburn LLP, St. Louis, MO, for Defendant-Appellant.
Donald Manwell Falk, Mayer Brown LLP, Palo Alto, CA, for Amicus Curiae Alliance of Automobile Manufacturers.
Before: TROTT, OWENS, and FRIEDLAND, Circuit Judges.
MEMORANDUM *
Steve Doyle sued Chrysler Group1 alleging violations of the California Consumers Legal Remedies Act,
Doyle successfully sought class certification of “[a]ll persons and entities in the State [of California] . . . who own(ed) or lease(d) a model year 2002 through 2007 Jeep Liberty Vehicle and who purchased a Replacement Regulator from, or otherwise had a Replacement Regulator installed by, Chrysler or its network of authorized dealers at any time on or after June 10, 2009 but before December 9, 2010 (for MY 2006-2007) or January 11, 2011 (for MY 2002-2005).” Doyle v. Chrysler Grp. LLC, No. SACV 13-00620, 2014 WL 7690155, at *4 (C.D. Cal. Oct. 9, 2014) (alterations in original) (quoting Plaintiff‘s Motion to Certify Class). Chrysler timely filed an interlocutory appeal of the class certification ruling. We have jurisdiction under
I.
As an initial matter, we note that, contrary to Chrysler‘s arguments, Doyle has standing to bring this action. Plaintiffs have standing when they spend money “that, absent defendants’ actions, they would not have spent.” Maya v. Centex Corp., 658 F.3d 1060, 1069 (9th Cir. 2011). According to Doyle, had the defect been disclosed, he either would not have purchased the replacement regulator or he would have paid less for it because Chrysler would not have been able to charge as much for the product. Doyle thus suffered economic loss when he purchased a replacement regulator with an undisclosed safety defect.
II.
To obtain class certification, a party must fulfill the requirements of
We conclude that the district court abused its discretion in certifying the class.
A.
In Comcast, Corp. v. Behrend, 569 U.S. 27, 133 S.Ct. 1426, 1433, 185 L.Ed.2d 515 (2013), the Supreme Court explained that to satisfy the Rule 23(b)(3) predominance requirement, damages must be “capable of measurement on a classwide basis.” Id. at 1433. In interpreting Comcast, we have stated, “[A] methodology for calculation of damages that [can] not produce a class-wide result [i]s not sufficient to support certification.” Jimenez v. Allstate Ins. Co., 765 F.3d 1161, 1167 (9th Cir. 2014) (citing Comcast, 133 S.Ct. at 1434-35), cert. denied, 576 U.S. 1004, 135 S.Ct. 2835, 192 L.Ed.2d 886 (2015). The proposed damages model must measure only the damages that are attributable to the theory of liability. Leyva v. Medline Indus. Inc., 716 F.3d 510, 514 (9th Cir. 2013). Although Doyle is correct that our court has emphasized that “the need for individualized findings as to the amount of damages does not defeat class certification,” Vaquero v. Ashley Furniture Indus., Inc., 824 F.3d 1150, 1155 (9th Cir. 2016) (citing Leyva, 716 F.3d at 514; Jimenez, 765 F.3d at 1167), it has applied this understanding in cases where there existed a common methodology for calculating damages. See, e.g., Leyva, 716 F.3d at 514 (“Medline‘s computerized payroll and time-keeping database would enable the court to accurately calculate damages and related penalties for each claim.“); Pulaski & Middleman, LLC v. Google, Inc., 802 F.3d 979, 989 (9th Cir. 2015) (“Pulaski‘s principal method for calculating restitution employs Google‘s Smart Pricing ratio, which . . . set[s] advertisers’ bids to the levels a rational advertiser would have bid if it had access to all of Google‘s data . . . .“). In those cases, “damages could feasibly and efficiently be calculated once the common liability questions are adjudicated.” Leyva, 716 F.3d at 514.
To the extent Doyle is pursuing a partial reimbursement approach to calculating damages, that approach fails to satisfy Comcast because Doyle has not offered a model for determining what percentage of the purchase price the reimbursement should be. There is thus no way to determine whether the proposed damages model measures damages that are solely attributable to the theory of liability. Likewise, without details about this partial reimbursement approach, it is unclear whether “damages could feasibly and efficiently be calculated once the common liability questions are adjudicated.” Id.
Because Doyle has not demonstrated that partial reimbursement damages can be measured on a classwide basis, the predominance requirement is not satisfied.
B.
Furthermore, the typicality and adequacy requirements are unsatisfied. Here, the class includes both individuals who “purchased a Replacement Regulator” and individuals who “otherwise had a Replacement Regulator installed.” That some class members, like Doyle, paid for their replacement regulators while others did not means Doyle‘s claim is not typical of the entire class.
Moreover, as evidenced by the type of damages he seeks, Doyle fails to adequately represent the interests of members who did not purchase replacement regulators. Doyle seeks either full or partial reimbursement for the purchase of the replacement regulator. But a reimbursement-based damages model will not ac-
III.
For the foregoing reasons, we REVERSE. This case is REMANDED for further proceedings.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
No. 15-50262
United States Court of Appeals, Ninth Circuit.
Submitted October 21, 2016* Filed October 31, 2016
* The panel unanimously concludes this case is suitable for decision without oral argument. See