from any inbound callers to the phone lines that used non-mandatory messages. Moreover, ECMC has not submitted other persuasive evidence of express consent or “actual knowledge of recording during the Class Period followed by additional calls.” See NEI Contracting & Eng’g, Inc. v. Hanson Aggregates, Inc. (“NEI Contracting II"), No. 12-cv-01685-BAS(JLB), 2015 WL 4923510, at *6 (S.D. Cal. Aug. 18, 2015). The Court will therefore not presume that the need to resolve issues related to consent -will defeat the predominance requirement. See id. Accordingly, under these circumstances, the Court finds there is a minimal likelihood that establishing liability will require a series of individualized inquiries. See Wolin v. Jaguar Land Rover N. Am., LLC, 617 F.3d 1168, 1173 (9th Cir. 2010) (<HOLDING>). ECMC is skeptical of the sufficiency of the
holding that tolling applies to a subsequent class action when the prior denial of class certification was based solely on rule 23 deficiencies of the putative representative holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action holding that putative class members are not parties to an action prior to class certification holding that predominance was satisfied even where class members purchased widely different products in completely unrelated markets holding that a putative class action satisfied predominance because the allegations were susceptible to proof by generalized evidence