Avon Ruling
# 9 May 05
By Dan Evans // Daily Journal
LOS ANGELES – A state appellate court has reinstated a lawsuit filed by four “Avon ladies” who claimed the company shipped them products they did not order and refused to refund the money they were charged for the unwanted merchandise.
The four filed the suit as a proposed class action in January 2004, claiming they and thousands of other representatives had fallen victim to the practice.
But in March and June 2004, Los Angeles Superior Court Judge Wendell Mortimer rejected the bid for class-action status and dismissed three of the four women from the suit. Only Elda Garcia could state a claim, Mortimer said, because she alleged Avon refused to pay back $83.79 in products she returned.
He refused to allow the other three to amend their complaints to show they too had been refused refunds.
That, a three-judge panel of the 2nd District Court of Appeal ruled Friday, was wrong.
The women did not contradict any of their earlier allegations, something that is prohibited under civil procedures – but instead simply added claims, Justice Paul Boland wrote for the unanimous panel. The opinion was ordered partially published. Blakemore v. Superior Court (Avon), B174825, B175973 (Cal.App.2nd Dist., filed May 6, 2005).
Jeffrey Huron, the Los Angeles attorney who represents the women, said he believes the opinion goes a long way toward getting the class certified.
“It gives us a roadmap on how to get there,” he said. Dennis Ellis, who represents Avon, said he was pleased the opinion limited the potential class to people who paid for products and were denied a refund.
“From our records, we don’t think there is anyone like that,” he said.
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