Turner v. Equity Residential Properties

Filed 8/4/06 Turner v. Equity Residential Properties CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

CHRISTIAN TURNER,

Plaintiff and Appellant,

EQUITY RESIDENTIAL PROPERTIES, et al.,

Defendants and Respondents.

H028959

(Santa Clara County

Super. Ct. No. CV808619)

Plaintiff Christian Turner lived in rental property owned by defendant Equity Residential Properties (Equity) for almost two years. He received a check for the refund of his security deposit, less various deductions, more than 30 days after his move-out date. He filed this lawsuit against Equity and related defendants (collectively, defendants),[1] 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, and because there is a lack of substantial evidence to support its findings. Because we find substantial evidence to support the trial court's findings, which are based on proper criteria, we will affirm the order denying the motion for class certification.

BACKGROUND

Plaintiff leased an apartment from Equity from July 2, 1999, through May 31, 2001. He paid an $800 security deposit and an $800 pet deposit. On or about July 5, 2001, Equity issued plaintiff a check for $164.52 as a refund of his security deposit. On June 12, 2002, plaintiff filed a complaint for damages and injunctive relief against defendants asserting individual and purported class claims on behalf of â€

Description	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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