Named Plaintiff Had No Authority To Speak For Putative Class; Extraordinary Relief Denied.

Counsel for the named plaintiff in a class action and the defendant reached a settlement and stipulated to the appointment of a temporary judge for the purpose of ruling on the motions for preliminary and final approval of the settlement. The superior court declined to appoint the temporary judge on the basis that counsel for the named plaintiff had no authority to sign the stipulation on behalf of the absent putative class members. The named plaintiff petitioned the Court of Appeal for extraordinary relief.  In denying relief, the appellate court stated: “We conclude that the California Constitution, the California Rules of Court, and public policy concerns all preclude the appointment of a temporary judge for purposes of approving the settlement of a pre-certification class action. When the class has not yet been certified, the putative class representative has no authority to consent to a temporary judge on behalf of the absent putative class members.” (Luckey v. Sup. Ct. (Cotton On USA, Inc.) (Cal. App. Second Dist., Div. 3; July 22, 2014) 228 Cal.App.4th 81, [174 Cal.Rptr.3d 906].)