green
Positive treatment
Quoted verbatim 3×
9.2 score
G Cite
cited 2× by 2 distinct cases, 2009–2017 ·
…this district has held that, as a 'rough rule of thumb,' approximately forty members is sufficient to satisfy the numerosity requirement.
⚠ not in text
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 30 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Villanueva v. Liberty Acquisitions Servicing, LLC
this district has held that, as a 'rough rule of thumb,' approximately forty members is sufficient to satisfy the numerosity requirement.
examined
Cited as authority (quoted)
Dominguez v. Schwarzenegger
he legality of defendant's practice or policies will usually be a question common to the class, and the existence of different factual questions with respect to various will not defeat satisfaction of the commonality requirement
discussed
Cited as authority (quoted)
Phelps v. 3PD, Inc.
this district has held that, as a 'rough rule of thumb,' approximately forty members is sufficient to satisfy the numerosity requirement.
discussed
Cited as authority (rule)
Wilkinson v. Federal Bureau of Investigation
(2×)
also: Cited "see"
The case was remanded “for further consideration in light of General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 , 102 S.Ct. 2364 , 72 L.Ed.2d 740 (1982).” 103 S.Ct. at 35.
discussed
Cited "see"
Del Valle v. Global Exchange Vacation Club
See Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir. 1982), vacated on other grounds by County of Los Angeles v. Jordan, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982); Slaven v. BP America, Inc., 190 F.R.D. 649, 654 (C.D.
discussed
Cited "see"
Torchia v. W.W. Grainger, Inc.
See Jordan v. County of Los Angeles, 669 F.2d 1311 , 1319 & n. 10 (9th Cir.1982) (finding the numerosity requirement was “satisfied solely on the basis of the number of ascertained class members” and listing thirteen cases in which courts certified classes with fewer than 100 members), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see"
Tait v. BSH Home Appliances Corp.
See Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds by County of Los Angeles v. Jordan, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982); Slaven v. BP America, Inc., 190 F.R.D. 649, 654 (C.D.Cal.2000).
discussed
Cited "see"
Arnott v. United States Citizenship & Immigration Services
See Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds by County of Los Angeles v. Jordan, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982); Slaven v. BP America, Inc., 190 F.R.D. 649, 654 (C.D.Cal.2000).
discussed
Cited "see"
Avilez v. Pinkerton Government Services
See Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds by County of Los Angeles v. Jordan, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982); Slaven v. BP America, Inc., 190 F.R.D. 649, 654 (C.D.Cal.2000).
discussed
Cited "see"
Bruno v. Quten Research Institute, LLC
See Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds by County of Los Angeles v. Jordan, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982); Slaven v. BP America, Inc., 190 F.R.D. 649, 654 (C.D.Cal.2000).
cited
Cited "see"
Cole v. Asurion Corp.
See Jordan v. County of Los Angeles, 669 F.2d 1311 , 1319 n. 10 (9th Cir.1982), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see"
Amone v. Aveiro
See Jordan v. County of Los Angeles, 669 F.2d 1311, 1319-20 (9th Cir.1982), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982) (citations omitted) (presence of other indicia of impracticability, such as joinder of unknown individuals, obviates need to ascertain class size); Harris, 329 F.2d at 913 (holding that difficulty in identifying and locating affected persons is relevant in determining whether joinder is impracticable); see also Newberg and Conte, 1 Newberg on Class Actions § 3.6 (4th ed.2002) (stating that “factors relevant to the joinder impracticability i…
cited
Cited "see"
Berry v. Baca
See Jordan v. Los Angeles, 669 F.2d 1311, 1319 (9th Cir.1982) (thirty-nine class members), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see"
Immigrant Assistance Project of the Los Angeles County Federation of Labor v. Immigration & Naturalization Service
See Jordan v. County of Los Angeles, 669 F.2d 1311 , 1319 & n. 10 (9th Cir.1982) (stating inclination “to find the numerosity requirement ... satisfied solely on the basis of the number of ascertained class members, i.e., 39, 64, and 71,” and listing thirteen cases in which courts certified classes with fewer than 100 members), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see"
Immigrant Assistance Project Of The Los Angeles County Federation Of Labor v. Immigration And Naturalization Service
See Jordan v. County of Los Angeles, 669 F.2d 1311 , 1319 & n. 10 (9th Cir.1982) (stating inclination "to find the numerosity requirement ... satisfied solely on the basis of the number of ascertained class members, i.e., 39, 64, and 71," and listing thirteen cases in which courts certified classes with fewer than 100 members), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see"
Conant v. McCaffrey
See Jordan v. County of L.A., 669 F.2d 1311, 1321 (9th Cir.) (finding existence of discriminatory policy a common question sufficient to support a class action), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
cited
Cited "see"
FIRST SAVINGS AND LOAN INSURANCE v. Alexander
See Jordon v. County of Los Angeles, 669 F.2d 1311 (9th Cir. 1982), vacated on other grounds, 459 U.S. 810, 103 S.Ct. 35 , 74 L.Ed.2d 45 (1982).
cited
Cited "see"
Smith v. Costa Lines, Inc.
See Jordan v. County of Los Angeles, 669 F.2d 1311, 1324 (9th Cir.), vacated on other grounds, - U.S. -, 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see, e.g."
Torres v. Air to Ground Services, Inc.
“A proposed class of at least forty members presumptively satisfies the numerosity requirement.” Tait v. BSH Home Appliances Corp., 289 F.R.D. 466, 473 (C.D.Cal.2012); see also Jordan v. Cnty. of Los Angeles, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see, e.g."
Aichele v. City of Los Angeles
Thus, while the Supreme Court has noted that putative classes of 15 are too small to meet the numerosity requirement, id at 330 & n. 14, district courts in this Circuit have found that classes with as few as 39 members meet the numerosity requirement, see Patrick v. Marshall, 460 F.Supp. 23, 26 (N.D.Cal.1978); see also Jordan v. Los Angeles Cnty., 669 F.2d 1311, 1320 (9th Cir.1982) (noting, in dicta, that the court “would be inclined to find the numerosity requirement ... satisfied solely on the basis of [39] ascertained class members”), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 3…
discussed
Cited "see, e.g."
Heather Collins v. Allstate Indemnity Company
See, e.g., Jordan v. Cnty. of Los Angeles, 669 F.2d 1311, 1324 (9th Cir.1982) (“Where the party seeking amendment knows or should know of the facts upon which the proposed amendment is based but fails to include them in the original complaint, the motion to amend may be denied.”), vacated and remanded on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982). 4.
discussed
Cited "see, e.g."
Protectmarriage.com v. Bowen
See, e.g., Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982) (willing to find numerosity for classes with thirty-nine, sixty-four, and seventy-one people), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see, e.g."
Lehr v. City of Sacramento
See, e.g., Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982) (willing to find numerosity for classes with thirty-nine, sixty-four, and seventy-one people), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see, e.g."
Wright v. Linkus Enterprises, Inc.
See, e.g., Jordan v. Los Angeles County, 669 F.2d 1311, 1319 (9th Cir.1982) (willing to find numerosity for classes with thirty-nine, sixty-four, and seventy-one people), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see, e.g."
Davis v. Astrue
Rail Corp. v. Town of Hyde Park, 47 F.3d 473 , 483 (2d Cir.1995); see also Jordan v. Los Angeles County, 669 F.2d 1311 , 1319-20 n. 9, n. 10 (9th Cir.1982) (collecting cases on numerosity requirements), rev’d on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
cited
Cited "see, e.g."
Thomas v. Baca
See e.g., Jordan v. Los Angeles, 669 F.2d 1311, 1319 (9th Cir.1982) (thirty-nine class members), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
cited
Cited "see, e.g."
Rodriguez v. Carlson
Id.; see also Jordan v. Los Angeles, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
cited
Cited "see, e.g."
Hernandez v. Alexander
See also Jordan v. City of Los Angeles, 669 F.2d 1311, 1319-20 (9th Cir.), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982).
discussed
Cited "see, e.g."
Acri v. International Ass'n of MacHinists & Aerospace Workers
See, e.g., Jordan v. County of Los Angeles, 669 F.2d 1311, 1324 , vacated and remanded on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982), reversing prior decision on other grounds on remand, 713 F.2d 503 (9th Cir.1984).
discussed
Cited "see, e.g."
Lynch v. Rank
See, e.g., Jordan v. County of Los Angeles, 669 F.2d 1311, 1319 (9th Cir.1982), vacated on other grounds, 459 U.S. 810 , 103 S.Ct. 35 , 74 L.Ed.2d 48 (1982); see generally McClure v. Harris, 503 F.Supp. 409, 413 (N.D.Cal.1980).
Retrieving the full opinion text from the archive…
Britt
v.
Simi Valley Unified School District
v.
Simi Valley Unified School District
No. 81-6713.
Supreme Court of the United States.
Oct 4, 1982.
Published
Citer courts: D. Oregon (2) · N.D. California (1)
C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Patsy v. Florida Board of Regents, 457 U. S. 496 (1982).