COMPLEX CASES – JOINING PARTIES Flashcards
Proper plaintiffs and defendants. Who may be joined?
Works same as in federal court
Necessary and indispensable parties. Who must be joined.
Like federal practice
Impleader. Remember, this is where a defending party joins someone new (third party
defendant) who may owe him indemnity or contribution on the underlying claim. . But in California, how is it asserted?
In a cross complaint
Intervention.
As in federal court
Interpleader.
This is where someone (stakeholder) is in possession of property but knows that several people (claimants) want it.
Stakeholder does not want to get sued by each of
the claimants, so he sues them in “interpleader” and the court figures out who owns it.
The Class Action. The state statute uses vastly different language than the Federal Rule.
Requirements. The California statute says “when the question is one of a common or general interest, of many persons, . . . and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.”
What does the state requirement mean? ______________________________________________________
You must show:
1) an ascertainable class; and
2) a well defined community of interest
In considering if there is a “well-defined community of interest,” the court will look at whether three things are true:
- whether common questions predominate
- whether the representative is adequate
- whether the class will result in substantial benefit to the parties and the court
Types of class actions. In federal court, there are three types of classes. What about in state court?
No seperate types
Notice for Class Action
Notice may be given to the class by publication. Individual notice is not required.
In federal court the cost of notice is borne by the representative. How about in state court?
The court decides who will pay: it could be the representative, the D, or shared
Opting Out of Class Action
All class members who do not opt out are bound by the class judgment. Opt out may be allowed by the court.
Ct Appointed Counsel for Class Action
California does not require the court to appoint class counsel.
Settlement or Dissmissal for Class Action
Settlement or dismissal must be approved by the court.
Determining amount in controversy. 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?
$26,000 Aggregate the class members claims
