Multiparty litigation

Question 1

Co-parties

Answer 1

same as FRCP

Question 2

Compulsory Joinder (Indispensible parties)

Answer 2

same as FRCP

Question 3

Impleader

Answer 3

1. CA: different method of assertion: the impleader is a cross-complaint
   i. cross-complaint against a defendant co-party
   ii. may be filed any time before trial date
   iii. never compulsory; the defendant does not have to file the cross-complaint
2. otherwise same as FRCP

Question 4

Intervention

Answer 4

1. same as FRCP

Question 5

Interpleader

Answer 5

1. interpleader: procedure allowing a stakeholder (holding property on behalf of another) to compel other parties to determine which has a valid claim to the stake
   i. i.e. A holds property, A can use interpleader to determine whether B of C owns the property
2. used if separate actions would result in double liability

Question 6

Class actions

Answer 6

1. same idea as FRCP, but different wording
2. requirements:
   i. show an ascertainable class
   ii. show a well-defined community of interest
   a. common questions of law or fact predominate over individual issues
   b. adequacy of the class representative in representing members’ interests
   c. class will result in substantial benefits to the parties and court
3. no separate types of class actions
4. aggregate class claims to determine amount in controversy (for determining if limited or unlimited case)
5. notice may be given to the class by publication, individual notice not required
   i. court decides who bears the cost of the notice bw representative, defendant, or shared
6. opt out
   i. members who do not opt out are bound by the class judgment
   ii. may be allowed by the court
7. CA does not require the court to appoint class counsel