Los Angeles Class Action Lawyer
A class action lawsuit is a civil claim brought by a group of people who have suffered damage from the same product or service against the corporation or owner who provided the product or service. Class action lawsuits can be brought both under federal law, as well as California law. In both instances, the presiding court must certify the class, allowing the claim to proceed on a class action basis. Working to protect consumers, a Los Angeles small business litigation lawyer has the experience to support complex class action suits.
Federal vs. California Class Actions
The California Code of Civil Procedure permits a class action “when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court.” However, the California Code does not specify and address all aspects of class action litigation. Accordingly, courts are encouraged to fill the gaps in California law with Rule 23 of the Federal Rules of Civil Procedure, which govern federal class action lawsuits. Thus, a California class action will require the mastery of federal rules as well as California rules. A Los Angeles small business litigation lawyer is available to help navigate a class action claim through California courts.
Class Action in California
A class action lawsuit brought in California must satisfy two basic requirements: an ascertainable class and a well-defined community of interests regarding the questions of law and fact involved in the case.
An ascertainable class exists when, according to California jurisprudence, the claimants can identify “a group of unnamed plaintiffs by describing a set of common characteristics sufficient to allow a member of that group to identify himself as having a right to recover based on the description.”
The community of interest test embodies within it three distinct factors that must be found to exist by the court. These factors are:
•· Predominant common questions of law or fact;
•· Class representatives whose claims or defenses are typical of the class; and
•· Class representatives who can adequately represent the class.
Call Gregg Farley, a Los Angeles small business litigation lawyer, today if you are interested in learning more about class action litigation.