Ninth Circuit -- GARETH PITTS V. TERRIBLE HERBST, INC.

GARETH PITTS V. TERRIBLE HERBST, INC.

Where, prior to class certification, a putative representative of a  class declines an offer for the settlement of claims in full, the larger class claim is not moot - it relates back to original filing date when the claim is transitoy and may otherwise evade review. 

Where the court rules do not specifically indicate otherwise, no obligation to seek certification at the end of discovery.

A statute which provides a c/a does not necessarily displace an existing common law c/a.