Case Notes

Plaintiff Unsuitable As Face of Background-Check Suit

A California federal judge turned down an aspiring nursing student's putative class action, alleging she lost out on a training program because of an improper background check, and deemed her unqualified to serve as class representative because of her run-ins with the law.

Astrailia Dunford had accused American DataBank LLC of contributing to her rejection by San Diego City College's nursing program because its pre-employment screening firm reported, along with seven mostly misdemeanor criminal convictions, several old charges against her that had been dismissed. As sole plaintiff, her complaint, Dunford v. American DataBank , filed in June 2013 in U.S. District Court for the Northern District of California, alleged the inclusion of the time-barred dismissed charges violated the Fair Credit Reporting Act.

Saying that the allegation was not his to decide, U.S. District Judge William Alsup on Aug. 12 denied Denver-based American DataBank's separate motion for summary judgment and permitted Dunford to pursue an individual claim. But he left no doubt that her arrest record left her unsuitable to serve as the face of a class action.

Battling alcohol abuse, Dunford piled up convictions for public intoxication, disturbing the peace, vandalism and driving under the influence dating to at least 2004, according to Alsup's order. And her legal troubles continued even as her proposed class action proceeded in Alsup's court.

While the motion was pending, Dunford was charged with felony first-degree burglary and vandalism, and convicted of the latter charge, according to Alsup's order. On the day before the class certification hearing, Dunford was arrested on ' and pleaded guilty to ' aggravated trespass charges for wandering, drunk, into an occupied dwelling, the judge recounted.

As a result of her criminal and alcohol troubles, Alsup ruled, Dunford has no business serving as a class representative. “Ms. Dunford has shown herself to be too distracted by her own criminal defense and alcohol-related issues to be able to vigorously represent the best interests of absent class members,” the judge wrote. ' Lisa Hoffman , law.com.

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Plaintiff Unsuitable As Face of Background-Check Suit

A California federal judge turned down an aspiring nursing student's putative class action, alleging she lost out on a training program because of an improper background check, and deemed her unqualified to serve as class representative because of her run-ins with the law.

Astrailia Dunford had accused American DataBank LLC of contributing to her rejection by San Diego City College's nursing program because its pre-employment screening firm reported, along with seven mostly misdemeanor criminal convictions, several old charges against her that had been dismissed. As sole plaintiff, her complaint, Dunford v. American DataBank , filed in June 2013 in U.S. District Court for the Northern District of California, alleged the inclusion of the time-barred dismissed charges violated the Fair Credit Reporting Act.

Saying that the allegation was not his to decide, U.S. District Judge William Alsup on Aug. 12 denied Denver-based American DataBank's separate motion for summary judgment and permitted Dunford to pursue an individual claim. But he left no doubt that her arrest record left her unsuitable to serve as the face of a class action.

Battling alcohol abuse, Dunford piled up convictions for public intoxication, disturbing the peace, vandalism and driving under the influence dating to at least 2004, according to Alsup's order. And her legal troubles continued even as her proposed class action proceeded in Alsup's court.

While the motion was pending, Dunford was charged with felony first-degree burglary and vandalism, and convicted of the latter charge, according to Alsup's order. On the day before the class certification hearing, Dunford was arrested on ' and pleaded guilty to ' aggravated trespass charges for wandering, drunk, into an occupied dwelling, the judge recounted.

As a result of her criminal and alcohol troubles, Alsup ruled, Dunford has no business serving as a class representative. “Ms. Dunford has shown herself to be too distracted by her own criminal defense and alcohol-related issues to be able to vigorously represent the best interests of absent class members,” the judge wrote. ' Lisa Hoffman , law.com.

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