California COMPLEX CASES – JOINING PARTIES CLASS ACTION

Question 1

In a class action in CA what must you show to get a class action?

Answer 1

You must show 1) an ascertainable class 2) a well defined community of interest.

Question 2

In considering if there is a “well-defined community of interest,” the court will look at what?

Answer 2

1) common questions predominate.
2) the representative is adequate
3) the class will result in substantial benefit to the parties and court.

Question 3

What are the types of class actions in CA

Answer 3

There are no types, there is simply a transaction.

Question 4

Is individual notice required to a class in CA? What other notice can be used?

Answer 4

Individual notice in not required for a class action, you may use a publication.

Question 5

In federal court the cost of notice is borne by the representative in a class action. How about in state court?

Answer 5

The court decides who pays. May be by the rep, the defendant or it may be split.

Question 6

All class members who do not opt out are what? Is an opt out allowed?

Answer 6

bound by the class judgment.  Opt out may
be allowed by the court.

Question 7

Does CA require the court to appoint a class counsel?

Answer 7

No

Question 8

Settlement or dismissal must be approved by who?

Answer 8

the court

Question 9

Suppose a class has 26,000 members, each of whom has been harmed $1. What is the amount in controversy for determining whether this is a limited or unlimited civil case?

Answer 9

it is 26,000 because we aggregate the class claims.