CA Civ Pro Complex Cases

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8 Terms

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Joining Parties to Complex Cases

Joinder, impleader, intervention, and interpleader work the same as federal court. Necessary and dispensable parties are determined the same way as federal court. The main difference is in class actions

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CA Class Action Requirements

To obtain a class action, you must show: (1) an ascertainable class; and (2) a well-defined community of interest. A well-defined community of interest is one where: (1) common questions predominate; (2) the representative is adequate; and (3) the class will result in substantial benefit to parties and court.

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CA Types of Class Action

There are no distinct types of class actions in California

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Class Action Notice

Notice may be given to the class by publication; individual notice is not required. The court decides whether the representative, the defendant, or both will bear the cost of notice.

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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.

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Appointment of Class Counsel

Not required in California

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Approval of Settlement: Class Action

The court must approve settlement or dismissal of a class action

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Class Action Amount in Controversy

The amount in controversy is aggregated among all class members