Class action suit seeking damages for breach of contract. Plaintiff had not yet filed motion to certify the class, when Defendant made a tender of relief to him. Section 5-126 of Code of Civil Procedure does not apply to a tender of relief to the named plaintiff in a class action suit. Thus Plaintiff was not entitled to inclusion of costs in Defendant's tender to afford him the complete relief he sought in his complaint. The "pick off" exception to a dismissal based on mootness, where there has been a tender of relief, has no basis in law. Plaintiff could have filed motion to certify class at any time at time of or after filing of class action complaint. Defendant's tender mooted the plaintiff's class action, and thus Section 2-619 dismissal of complaint was proper.(REYES and LAMPKIN, concurring.)
Illinois Appellate Court
Civil Court
Class Actions