Hernandez v. Restoration Hardware, Inc.Annotate this Case
In this class action lawsuit, the court of appeal correctly relied on Eggert v. Pacific States S. & L. Co., 20 Cal. 2d, 199 (Cal. 1942) in ruling that unnamed class members may not appeal a class judgment, settlement, or attorney fees award unless they intervene in the action.
In the instant case, Class Representatives alleged that Restoration Hardware, Inc. (RHI) committed violations of the Song-Beverly Credit Card Act. The trial court found RHI liable for violations of the Act and awarded Representatives attorney fees. Appellant, an unnamed class member who never exercised her right to intervene during the class action by filing a complaint in intervention, filed a notice of appeal, challenging the award of attorney fees. The court of appeal dismissing Muller’s appeal for lack of standing, concluding that it was bound to follow Eggert. The Supreme Court affirmed, holding that, where Muller failed to intervene in the class action or file a motion to vacate the judgment and offered no persuasive reason why the court should create an exception to its long-standing rule, or overrule or distinguish Eggert, Muller was not entitled to relief.