Harry Tran vs St. George & Associates
Case No: 15CV00104
Hearing Date: Wed Sep 18, 2019 9:30

Nature of Proceedings: Motion to Modify Class Definition

TENTATIVE RULING: Plaintiff’s motion to modify the class definition is granted as set forth herein.

BACKGROUND:

This is a class action involving a residential lease agreement. On June 24, 2013, plaintiff Harry Tran entered into a one-year written lease with defendant St. George & Associates for a residential unit located at 6518 Del Playa, Unit A, Isla Vista, California. Defendant owns several rental properties in Santa Barbara County. At the commencement of the tenancy, plaintiff was required to pay a $1,370.00 security deposit to defendant. When plaintiff vacated his unit at the end of the lease term, defendant allegedly failed to return his security deposit within the time period specified by law or provide a written accounting of all monies deducted from the deposit. Plaintiff’s first amended complaint alleges causes of action for (1) declaratory and injunctive relief, (2) violation of Civil Code Section 1950.5, (3) violation of Business and Professions Code Section 17200 et seq., (4) accounting, and (5) conversion.

Following the filing of the complaint, the court granted plaintiff’s motion to certify the litigation as a class action. The class was identified as all residential tenants of defendant’s properties from March 25, 2011 to August 7, 2017, the date of the certification order, with respect to six specific issues. The court subsequently decertified one of the issues. Plaintiff now moves for an order amending the class definition to expand the applicable class period by two years. Defendant opposes the motion.

ANALYSIS:

Any party to a class action may bring a motion to amend or modify the order certifying the class. Cal. Rules Court, Rule 3.764, subd. (a)(3). A motion to amend or modify a class certification order must be filed and served on all parties to the action at least 28 calendar days before the date appointed for hearing. Cal. Rules of Court, Rule 3.764. subd. (c)(1). The documents in support of the motion shall consist of the notice of motion, a memorandum of points and authorities, and related evidence. Cal. Rules of Court, Rule 3.764. subd. (c)(3). Any evidence to be considered at the hearing on the motion must be by declaration or request for judicial notice. Cal. Rules of Court, Rule 3.764. subd. (d).

On August 7, 2017, the court certified the litigation to proceed as a class action. The class was identified as all tenants of defendant’s residential properties from March 25, 2011 to August 7, 2017, the date the action was certified, with respect to the following issues: (1) whether the tenant’s pre-termination notice was proper; (2) whether the return of the tenant’s deposit after termination was timely; (3) whether the deductions for replacement, repainting, or re-flooring properly accounted for ordinary wear and tear; (4) whether the itemization provided in the deposit reconciliation properly showed the cost for replacement, repainting, or re-flooring in regards to ordinary wear and tear; (5) whether the third party worker attachments complied with Civil Code section 1950.5; and, (6) whether a jury waiver may be placed in a residential lease. The court subsequently decertified issue (5).

By this motion, plaintiff requests an order expanding the applicable class period by two years so that it encompasses all tenants of defendant’s residential properties from March 25, 2011 “to the present” instead “to August 7, 2017,” the date the court certified the action. Plaintiff argues that the amendment is necessary because it took nearly two years to resolve issues related to defendant’s motion to decertify the class, which was heard on February 20, 2019, and plaintiff’s motion to approve the proposed class notice, which was heard on July 10, 2019. (Bochner Dec., ¶1.) Extending the class period will also serve judicial efficiency, otherwise defendant could be exposed to a second class action for the same conduct alleged in the complaint. On July 15, 2019, plaintiff requested that defendant stipulate to the proposed amendment, but defendant refused. (Bochner Dec., ¶2, Ex. A.)

Defendant opposes plaintiff’s motion as untimely. On August 15, 2019, the class administrator sent out class notifications to 3,450 class members based on the court’s July 10, 2019 order, with a response deadline date of September 30, 2019. (Renshaw Dec., ¶3.) Additionally, plaintiff has failed to set forth any factual basis for his request to expand the class period. Plaintiff cites Hicks v. Kaufman & Broad Home Corporation (2001) 89 Cal.App.4th 908 in support of his motion, but Hicks is distinguishable from the present case. There, plaintiff homeowners appealed the denial of their motion for class certification in an action against defendant home builders for construction defects. The appeals court reversed the trial court’s order, holding that “a manageable class action may be maintained as to the causes of action for breach of express and implied warranty because the class is ascertainable and common questions of law and fact predominate with only the amount of damages subject to individualized proof.” Id., at 913. In its decision, the court did not discuss or address any issues pertaining to extending the class period after a class has been certified.

The court will grant plaintiff’s motion to amend the class definition. “Where necessary, the trial court has some flexibility to allow amendments to class definitions that will allow an appropriate class action to be resolved on its merits.” Kendall v. Scripps Health (2017) 16 Cal.App.5th 553, 566. The only reason the class definition has a termination date of August 7, 2017 is because that is when the class was certified. The court sees no reason to expose the court (and defendant) to a potential second class action for the same conduct alleged in the complaint. If none of the tenants since August 7, 2017 have been subjected to the alleged wrongful practices concerning their security deposits, then they will not qualify as members of the class.

The class definition is ordered amended to encompass the class period “March 25, 2011 to the present.” Defendant shall immediately provide plaintiff with a list of email addresses for all tenants of its residential properties from August 7, 2017 to the present. No later than October 9, 2019, the class administrator, CPT Group, shall serve the amended notice by email on all potential new class members, who shall then have until October 31, 2019 to respond to the notice.