Joining Parties

Question 1

Compulsory Joinder

Answer 1

Necessary and indispensable analysis same as in FRCP

Question 2

Impleader

Answer 2

asserted as a CROSS COMPLAINT in CA, but rules are teh same

Question 3

Class Action

Answer 3

“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”

Essentially show (1) ascertainable class; and (2) a well-defined community of interest

2nd requirement requires that common questions predominate; representative is adequate; and class will result in substantial benefit to the parties and the court

Question 4

Types of Class Actions

Answer 4

NO TYPES in california

Question 5

Notice in class actions

Answer 5

notice may be given to the class by publication. Individual notice is NOT required

Court decides who will pay for notice. Could be anyone, or even could be split (In fed, its always the representative)

Question 6

Opt Out

Answer 6

All class members who do not opt out are bound. Opt out is allowed.

Question 7

Court’s actions in California Class Actions

Answer 7

DOES NOT need to appoint class counsel, however must APPROVE settlements or dismissals