American Pipe & Construction Co. v. Utah
In American Pipe & Construction Co. v. Utah (1974) 414 U.S. 538, the Supreme Court held:
"Where class action status has been denied solely because of failure to demonstrate that 'the class is so numerous that joinder of all members is impracticable,' the commencement of the original class suit tolls the running of the statute for all purported members of the class who make timely motions to intervene after the court has found the suit inappropriate for class action status." ( Id. at pp. 552-553.)
The California Court declined to extend American Pipe because class certification of the related mass-tort action was due to the overwhelming uniqueness of the issues among its members.