Seyfarth Synopsis: On June 5, 2019, the Ninth
Circuit issued an opinion in NEI Contr. & Eng'g, Inc. v.
Hanson Aggregates Pac. Sw., Inc., 2019 U.S. App. LEXIS 16885
(9th Cir. June 5, 2019), upholding the district court's
decertification of a class whose class representative lacked
standing on its individual claims.
NEI Contracting and Engineering, Inc. ("NEI") sought
to bring a class action based on allegations that Hanson
Aggregates, Inc. ("Hanson") violated California Civil
Code section 632.7 for recording phone calls without the consent of
the individuals placing the calls. The district court, after
initial certification, decertified the class, observing that the
individualized inquiries required to determine if each class member
consented to the recording would predominate over questions of fact
common to all class members. The court also found that NEI did not
have standing to bring its individual claims.
