Class Certification Should Not Have Been Denied Without An Opportunity To Amend.

Senior citizens in a mobile home park subject to rent control alleged they were induced into a condominium conversion through false promises about their lot prices, but once they converted, the owners raised the prices so high, they couldn’t afford them.  They appealed an order denying their motion to certify a class action for breach of contract and fraud.  The Court of Appeal reversed, finding the trial court erred in not permitting the plaintiffs leave to amend to more concisely identify their class and sub-class members.  Marler v. E. M. Johansing, LLC   (Cal. App. Second Dist., Div. 6; October 19, 2011) 199 Cal.App.4th 1450, [132 Cal.Rptr.3d 691].