Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BC410763
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
IT IS ORDERED that the opinion filed in the above-captioned matter on April 25, 2011, be modified as follows. On page 8, the first full paragraph is deleted and replaced with:
We agree with the trial court that American Pipe should not be applied to save Rein’s claims. The main reason for concluding that the Kasper class action did not toll Rein’s individual action is that it seeks relief unique to him, and not fully presented in the previously filed Kasper class action. Because personal injury claims framed in a class action pleading “can rarely meet the community of interest requirement in that each member’s right to recover depends on facts peculiar to each particular case, such claims may be presumptively incapable of apprising defendants of ‘the substantive claims being brought against them.’ [Citation.]” (Jolly, supra, at p. 1125.) The Kasper class action did not put PacBell on notice of the substance and nature of Rein’s individual’s personal injury claims. Neither are the claims in the Kasper class action sufficient to have allowed Rein, in good faith, to rely on the class action as a basis for postponing his own personal injury claims. In short, the Kasper class action is parallel, not duplicative, to Rein’s current action. Allowing Rein’s current action to go forward would not have undermined the efficiencies in litigating claims involved in the Kasper class action. Rein is correct that Jolly did not establish an absolute bar against American Pipe’s tolling rule in the context of personal injury claims. But we disagree with Rein’s argument that there are good reasons for not following Jolly insofar as his current action and American Pipe are concerned.
This modification effects no change in the judgment.
The petition for rehearing filed by Appellants on May 5, 2011, is denied.
BIGELOW, P. J., RUBIN, J., FLIER, J.