Linder v. Thrifty Oil Co. (2000)

Annotate this Case
[No. S065501. Aug. 9, 2000.]

ROCHELLE C. LINDER, Plaintiff and Appellant, v. THRIFTY OIL CO., Defendant and Respondent.

[Modification of Opinion (23 Cal.4th 429).]

THE COURT.-The opinion herein, appearing at 23 Cal. 4th 429, is modified as follows:

The text of footnote 10 on page 448 is revised to read:

After the decision in Ratner, Congress amended the statutory scheme by expressly authorizing class actions and limiting the permissible aggregate recovery in a class action to the lesser of $100,000 or 1 percent of the net worth of the class action defendant found in violation of the act. (See generally Agostine v. Sidcon Corp. (E.D. Pa. 1975) 69 F.R.D. 437, 443-444.) The statutory limitation currently provides that the aggregate recovery of statutory damages in any class action or series of class actions arising out of the same failure to comply shall not exceed the lesser of $500,000 or 1 percent of the class action defendant's net worth. (15 U.S.C. ยง 1640(a)(2)(B).)

This modification does not affect the judgment.