The plaintiff in a proposed class action brought a motion for a declaration that the defendants were contractually precluded from opposing his motion for leave to appeal a decision denying class certification.
The parties had previously entered into a Litigation and Mediation Process Agreement which stated that no party would oppose a motion for leave to appeal an order disposing of all or a portion of the claim.
The court interpreted the agreement and found that the certification decision disposed of a portion of the claim, meaning the defendants were bound by their agreement not to oppose the leave to appeal motion.
