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Taylor Auto Group Inc. v. Jessie

The fact that plaintiff may not prove her fraud , theft and RICO claims against auto dealer did not justify denial of class action certification against dealer or bar plaintiff from serving as class representative.

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In this appeal involving the certification of a class action for improper charges imposed on the sale of new cars, Taylor Auto Group, Inc. appeals the trial court’s determination that Gejuan Jessie was an adequate class representative to bring such class action claims. Taylor contends that 1 OCGA § 10-1-36.1 a bars Jessie’s entire case from being brought as a class action and 2 Jessie is not an appropriate class representative. For the reasons set forth below, we affirm.

Jessie brought this action against Taylor, complaining that in purchasing a new car she was charged for services she did not receive and overcharged for services she did receive. She seeks damages based on theories of fraud, theft by deception and taking, money had and received, and violations of the Georgia Racketeer Influenced & Corrupt Organizations statute as a result of theft, the Motor Vehicle Sales Finance Act MVSFA and the Uniform Deceptive Trade Practices Act UDTPA. Following an evidentiary hearing, the trial court entered an order granting in part Jessie’s motion to certify the issues in this case for treatment as a class action. We granted Taylor’s application for interlocutory appeal.

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