California Federal Judge Denies Certification in Class Action against B&I Client

In a sharply worded May 29, 2025 order, U.S. District Judge Vince Chhabria of the Northern District of California denied a motion for class certification filed against Brann & Isaacson client, SafeOpt®, and co-defendants. After listening to questioning at a lengthy evidentiary hearing and arguments by David Bertoni and co-counsel for defendants, the judge ruled that the named plaintiffs were woefully inadequate to represent any class of consumers in a case alleging California privacy law violations.

After detailing myriad flaws with the named plaintiffs as potential class representatives, Judge Chhabria concluded with a stern exhortation to counsel:

“[W]hen these sorts of problems become apparent, plaintiffs’ lawyers seem to stick their heads in the sand rather than addressing them proactively (for example, by seeking to bring in new named plaintiffs before class certification). Going forward with named plaintiffs plagued by these kinds of problems is inconsistent with the duty of counsel to faithfully represent the interests of the absent class members. If the only named plaintiff you can find is someone whose presence threatens to weaken the claims of the absent class members, don’t bring the lawsuit. And if you’ve already brought the lawsuit, don’t just plow ahead hoping that it won’t become a big deal.