Quimbee logo
DMCA.com Protection Status

Kass v. Young

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

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership