In re Cipro Cases I & II

In In re Cipro Cases I & II (2004) 121 Cal.App.4th 402, the court affirmed an order certifying a Cartwright Act price-fixing case as a consumer class action. It did so after determining (among other things) that substantial evidence supported the trial court's finding that damages were susceptible of classwide proof by expert testimony without regard to the particular circumstances of each individual class member. (Id. at pp. 411.) The Cipro court did not hold or suggest that the calculation of aggregate classwide damages is appropriately based on a formula in all or most cases. Nor did the Cipro court suggest that it is an abuse of discretion for a trial court to deny certification when it concludes that determining the fact and extent of class members' damages would require individualized inquiries that would preclude a finding that common issues predominate. The court expressly recognized that "it is within the trial court's discretion to weigh the inherent imperfections of such approximations against the vindication of important statutory policies and the burden to the courts of proving damages on a strictly individual basis." (Cipro, at p. 418.) The important statutory policies implicated in Cipro address anticompetitive conduct. As the court noted, "claims of anticompetitive collusion resulting in higher market prices are particularly suited for class treatment." (Cipro, supra, 121 Cal.App.4th at p. 415.)