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P1003 After class certification is denied, a trial court cannot order notification to former potential class members of their possible legal claims; because proof of widespread violation of statute could reflect on the reprehensibility of a defendant's wrongful conduct, however, the court may direct the sending of a notice to persons who might have been victims of the same conduct alleged by plaintiff to be wrongful requesting information from those persons that is reasonably calculated to lead to the discovery of admissible evidence on plaintiff's individual claim for punitive damages, so long as the notice is sent by a neutral third party to lessen infringement of the recipients' privacy rights and includes a statement that recipients who do not submit a signed authorization will not be contacted further and it does not suggest approval by the court or that the recipient is being officially encouraged to respond.CitationEXPERIAN v SUPER.CT (Non-certification Discovery) 138 CA4 122 [See: CivC 1785.1 etseq; Best Buy v Superior Court 137 CA4 772, P/AT 5/06]
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