- within Litigation and Mediation & Arbitration topic(s)
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- within Litigation, Mediation & Arbitration, Corporate/Commercial Law and Privacy topic(s)
TCPA class actions can take a long time to resolve– particularly in the Eastern District of California.
For instance in Bell v. Hawx Services, LLC 2026 WL 2389324 (E.D. Cal. Aug. 17, 2026) the case just made it past the pleadings stage over two years after it was filed.
In Bell the defendant argued it was not responsible for the calls at issue but the court disagreed and concluded the allegations Plaintiff received two calls pitching Hawx’ services were adequately plead.
The court also denied the defendant’s motion to strike class allegations find the class was not pleaded as a fail safe (it wasn’t) and was pleaded on an objective basis (it mostly was.)
Then again the class definition was plainly overly broad– pretty much the opposite of a fail safe– but the defendant did not move on that basis (the only proper one) so they lost.
Since these motions were pretty pointless (i.e. mostly meritless) the only real lesson here is that civil litigation can take a long time. Here the case is two years old and the parties haven’t gotten into the meat of the suit yet.
I’d say we’ll keep an eye on this one, but not sure we have that kind of time.
But I’m sure you have the time to watch this AMAZING episode of Deserve to Win– the one where the Dame literally becomes a partner live on the show!
Chat soon.
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