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4 Sw. U. L. Rev. 310 (1972)
The California Consumer Class Action for Fraud: Crippled at Birth by the Consumers Legal Remedies Act

handle is hein.journals/swulr4 and id is 316 raw text is: THE CALIFORNIA CONSUMER CLASS ACTION FOR FRAUD: CRIPPLED AT BIRTH BY THE CONSUMERS LEGAL REMEDIES ACT The long-enduring hopes of consumer advocates for recognition of the consumer class as a proper plaintiff in an action pleaded on de- ceit supposedly were fulfilled when the California Supreme Court de- clared in Vasquez v. Superior Court of San Joaquin County:1 We conclude that such an action will lie against the seller un- der the principles set forth in Daar v. Yellow Cab Company .... 2 Protection of unwary consumers from being duped by un- scrupulous sellers is an exigency of the utmost priority in con- temporary society .... Modern society seems increasingly to expose men . . . to group injuries for which individually they are in a poor position to seek legal redress. . .. 4 Individual action by each of the defrauded consumers is often impracticable be- cause the amount of individual recovery would be insufficient to justify bringing a separate action. . .. 5 The alternatives of multiple litigation do not sufficiently protect the consumers' rights because these devices presuppose a 'group of economically power- ful parties who are able and willing to take care of their own interests individually through individual suits or individual deci- sions about joinder and intervention; . . .' 6 thus the unscrupu- lous seller retains the benefits of its wrongful conduct. A class action by consumers produces a therapeutic effect upon those sell- ers who indulge in fraudulent practices, aid to legitimate busi- ness enterprises by curtailing illegitimate competition, and avoid- ance to the judicial process of the burden of multiple litigation involving identical claims. .... 7 1. 4 Cal. 3d 800, 484 P.2d 964, 94 Cal. Rptr. 796 (1971). 2. 4 Cal. 3d at 805, 484 P.2d at 966, 94 Cal. Rptr. at 798. 3. 4 Cal. 3d at 808, 484 P.2d at 968, 94 Cal. Rptr. at 800. 4. 4 Cal. 3d at 807, 484 P.2d at 968, 94 Cal. Rptr. at 800, Quoting Kalven and Rosenfield, Function of a Class Suit, 8 U. Cm. L. REv. 684, 686 (1941). 5. Vasquez v. Superior Court of San Joaquin County, 4 Cal. 3d at 808, 484 P.2d at 968, 94 Cal. Rptr. at 800. 6. Id., quoting Dolgow v. Anderson, 43 F.R.D. 472, 484 (E.D.N.Y. 1968). 7. Vasquez v. Superior Court, 4 Cal. 3d at 808, 484 P.2d at 968-69, 94 Cal. Rptr. at 800-01.

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