Class Action
Jul. 14, 2026
Cortina serves as a cautionary tale in the use of representative evidence
The Fifth Appellate District's decision in Cortina v. North American Title Company reaffirms Duran while signaling more exacting scrutiny of classwide proof, from the initial case management conference through trial.
The Fifth Appellate District's decision in Cortina v. North American Title Company reaffirms the principles set forth more than a decade earlier in Duran v. U.S. Bank National Assn., 59 Cal. 4th 1 (2014): class actions require a workable trial plan, reliable methodology when relying on representative evidence, and procedures that preserve a defendant's due process right to litigate its affirmative defenses. Beyond reaffirming Duran, Cortina signals...
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