Kass v. Young

67 Cal. App. 3d 100, 136 Cal. Rptr. 469 (1977)

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Kass v. Young

California Court of Appeal
67 Cal. App. 3d 100, 136 Cal. Rptr. 469 (1977)

Facts

Richard Kass (plaintiff) was a patron at a rock concert put on by Neil Young (defendant). The concert was attended by approximately 14,000 other patrons. Approximately an hour into the concert, Young exited the stage mid-song and never returned. Kass filed a class-action suit on behalf of himself and other patrons similarly situated, alleging that they did not receive the consideration of a full concert performance. The complaint alleged damages in the amount of $98,000. Summons was served on Young, but he never answered. As a result, a default was entered against Young. At the default hearing, the court awarded $91,000 in damages to the class to be shared among those that could prove to the satisfaction of the plaintiff’s counsel that they were part of the class. After a period of time, the unclaimed balance would be disposed of by the court. There was no provision regarding notice to the class. Young later moved to vacate the default judgment, arguing that no notice had been given to the class and that the class had not been certified. The trial court entered an order vacating the default judgment and allowing Young to file his answer. Kass appealed.

Rule of Law

Issue

Holding and Reasoning (Devine, J.)

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