California Supreme Court· 5/10/1971
Vasquez v. Superior Court
Citations
- 484 P.2d 964
- 4 Cal. 3d 800
- 94 Cal. Rptr. 796
- 9 U.C.C. Rep. Serv. (West) 11
- 53 A.L.R. 3d 513
- 1971 Cal. LEXIS 361
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that reliance could be inferred on a classwide basis where all plaintiffs were induced by specific, uniform misrepresentations to purchase freezers and frozen food
- announcing that the “[p]rotection of unwary consumers 7 from being duped by unscrupulous sellers is an exigency of the utmost priority in 8 contemporary society”
- discussing California’s presumption of reliance for common law fraud and analogizing to the presumption in federal securities fraud cases
- stating if “material 26 misrepresentations were made to the class members, at least an inference of reliance would 27 arise as to the entire class.”
- “It is sufficient for our present purposes to hold that if the trial court finds material misrepresentations were made to the class members, at least an inference of reliance would arise as to the entire class”
- “If [Plaintiffs] can establish without individual testimony that the representations were made to each plaintiff and that they were false, it should not be unduly complicated to sustain their burden of proving reliance thereon as a common element.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mosk
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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