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Edelman v. Lee Optical Co.
Citations: 320 N.E.2d 517; 24 Ill. App. 3d 216; 1974 Ill. App. LEXIS 1685Docket: 59998
Court: Appellate Court of Illinois; November 22, 1974; Illinois; State Appellate Court
Eleanor Edelman and others, as plaintiffs, filed an amended complaint against Lee Optical Company and related defendants, alleging misleading merchandising practices. The trial court struck the amended complaint, ruling that it was not viable as a class action but allowed the named plaintiffs to submit individual claims, which they did not pursue, opting instead to maintain the class action claim. The plaintiffs appealed, presenting three arguments: (1) the defendants' motion to strike and dismiss did not comply with Section 45 of the Illinois Civil Practice Act; (2) the suit should be recognized as a valid class action; and (3) they possessed standing to sue under common law and statutory provisions. The amended complaint specified that the plaintiffs purchased single-vision lenses and frames at prices ranging from $15.90 to $32 in 1972, alleging the defendants advertised a misleading low price for these products. They claimed reliance on these representations and sought injunctive relief and refunds for amounts exceeding $8.95, arguing that the defendants engaged in false advertising, constituting common-law fraud and violations of the Sales Act, Consumer Fraud Act, and Uniform Deceptive Trade Practices Act. The court found the plaintiffs' argument regarding the insufficiency of the defendants' motion to strike without merit, as the motion cited reasons related to the failure to state a cause of action and the lack of common questions of fact necessary for class certification. The memorandum attached to the motion adequately outlined its grounds, satisfying the requirements of section 45, thereby informing both the court and the plaintiffs. The plaintiffs argued the court erred in determining that the action could not proceed as a class action. Legal precedent establishes that class actions are not permissible when the claims of individual members arise from distinct factual questions. This principle is illustrated by the case of Rice, where a class action was dismissed because each claim was based on unique individual contracts, leading to varying facts and misrepresentations. In the current case, similar to Rice, the plaintiffs' claims hinge on reliance on alleged misrepresentations regarding single-vision glasses, which varies among class members. Thus, a common question of fact does not exist, rendering the action unsuitable as a class action. The plaintiffs also claimed standing under common law and statute, but this issue was not addressed by the trial court, which focused solely on the class action maintainability. Consequently, since unresolved issues from the lower court are not before the appellate court, jurisdiction over this matter is lacking. The judgment is affirmed, with concurrence from SULLIVAN, P.J. and LORENZ, J.