Barriga v. 99 Cents Only Stores LLC

When a plaintiff appeals an order denying class certification, the appellate court can also review an interim order denying a motion to strike the defendant’s declarations if the interim order was related to the merits of the denial of certification, the decision on the motion to strike necessarily affected the denial of certification, and the decision on the motion to strike affected the plaintiff’s substantial rights. A trial court has a duty, and the authority, to exercise control over precertification communications between parties and putative class members; the court must closely scrutinize declarations filed in opposition to certification, if they were obtained under potentially coercive circumstances.

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