Turner v. Equity Residential Properties
Plaintiff lived in rental property owned by defendant for almost two years. Appellant received a check for the refund of security deposit, less various deductions, more than 30 days after appellant move-out date. Appellant filed this lawsuit against defendants asserting individual and purported class claims on behalf of himself and all tenants of defendants' California properties between July 1998 and June 2002. The trial court struck the class allegations and later denied plaintiff's motion for certification of the suit as a class action. Plaintiff appeals from the denial of his motion for class certification. Contending that the trial court abused its discretion because it based its denial on improper criteria and erroneous legal assumptions. As well as there is a lack of substantial evidence to support its findings. Because Court find substantial evidence to support the trial court's findings, which are based on proper criteria. Court affirms the order denying the motion for class certification.
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