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Bornstein v. Sonic Automotive, Inc. CA4/3
Plaintiff Aaron Bornstein appeals from the trial court’s order denying his motion to certify a class action as to his single remaining claim against SAI Long Beach B, Inc. and Sonic Automotive, Inc. (defendants) for invasion of privacy. Bornstein asserts that during his employment at an automobile dealership (the dealership), defendant owners monitored or recorded some incoming telephone calls to the dealership without obtaining the consent of participants to such conversations. The trial court, in a detailed and thorough written order, denied Bornstein’s motion to certify a class action as to his claim on three separate and independent grounds. The court decided that Bornstein failed to meet his burden of showing the ascertainability of his proposed class, that common issues predominate over individual issues, and the superiority of class action treatment of his claim.
We affirm.

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