Departing from the standard that class allegations are almost never adjudicated at the pleading stage, Alameda County Superior Court Judge Brick found plaintiffs’ class action allegations deficient in that: 

• Class unascertainable
• No commonality among potential class members
• Liability and damages would have to be litigated individually for each class member

The judge also ruled that California’s social host immunity precludes plaintiffs from bringing claims for nuisance, negligence and unfair competition since they were all based on intoxication and the alleged providing of alcohol. 

The judge granted Michael Osborne’s demurrer and dismissed plaintiffs’ class action law suit against National Fraternities.  The matter is now on appeal before the California Court of Appeal.  The appeal is being handled by Archer Norris appellate lawyer Gary A. Watt.