Eradicated dangerous invasive fish species 510
April 10th, 2012 
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Department of Fish & Game v Superior Court 197 Cal.App.4th 1323 (3) (2011) DFG eradicated dangerous invasive fish species (northern pike). San-Diego-Auto-Accident-lawyer Class action by local land- and business owners for lost income and property value. Trial court’s analysis accepted Plaintiffs’ declarations at face value, and shifted burden to Defendant to disprove, which evidence trial court subjected to critical analysis. Class certification granted, reversed. [1] Numerous disparate parcels and businesses, each requiring separate analysis of injury and damages, defeat commonality requirement. [“Blackacre is unique.”] Whether Defendant’s acts are many or singular does not change commonality requirement. [2] Trial court analyzed evidence as a shifting burden of proof (if Plaintiff showed prima facie, Defendant had burden to rebut). No such rule. Court must analyze and evaluate all evidence in determining whether plaintiff has carried burden of proof. [3] Various theories (negligence, inverse condemnation, nuisance) each require analysis of commonality v. individualized claims. Broad-brush, overall-losses approach is inadequate (lengthy, detailed analysis). San Diego personal injury attorney