Joining Parties CA

Question 1

What is Impleader and How is it Asserted in CA

Answer 1

Impleader is where a defending party joins someone new (third-party defendant) who may owe him indemnity or contribution on the underlying claim.

In California, it is asserted in a cross-complaint.

Question 2

What is Interpleader

Answer 2

Where someone (the stakeholder) is in possession of property but knows that several people (claimants) want it. The 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 the property.

Question 3

Requirements for a Class Action in CA

Answer 3

It must be shown that there is (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 (1) common questions predominate, (2) the representative is adequate, and (3) the class will result in substantial benefit to parties and court.

Question 4

Notice Given to the Class

Answer 4

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, but in California state court, the court decides who will pay: representative, defendant, or shared.

Question 5

Approval of Settlement

Answer 5

The court must approve settlement or dismissal of a class action, as in federal court.