(D) the likely difficulties in managing a class action.įRCP 23 includes additional rules concerning the administration of a class action, notice requirements, requirements for class counsel, and restrictions on settlement. (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum and (B) the extent and nature of any litigation concerning the controversy already begun by or against class members (A) the class members' interests in individually controlling the prosecution or defense of separate actions The matters pertinent to these findings include: (3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. (2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole or (B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests (A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class or
(1) prosecuting separate actions by or against individual class members would create a risk of: A class action may be maintained if Rule 23(a) is satisfied and if: (4) the representative parties will fairly and adequately protect the interests of the class. (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class and (2) there are questions of law or fact common to the class (1) the class is so numerous that joinder of all members is impracticable One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
In federal actions, the relevant requirements are set forth in Rule 23, subdivisions (a) and (b) of the Federal Rules of Civil Procedure (“FRCP”) (emphasis added): These requirements may be summed up as: “numerosity,” “commonality,” “typicality,” and “adequacy.” A class must be represented by a person or people who can adequately protect the interests of all class members, and who possess a claim “typical” of the class. Under both state and federal law, cases may proceed as class actions when they involve questions of law or fact that are common to the overall class.
CLASS ACTIONS SERIES
Other articles in this series examine differences in punitive damages, the jury system, citation to unpublished authorities, and evidentiary privileges.Ĭlass actions are procedural vehicles to resolve disputes among parties so numerous that joinder of all of the members into a single action would be impractical. This article, comparing class action procedure in federal and state actions, is one of a five-part series of articles highlighting particular differences in California versus federal civil procedure. As a matter of strategy, when a party has the option to litigate in either forum, the differences may present a tactical edge. As a matter of competence, lawyers who practice in state and federal courts should stay familiar with these differences. While some rules have harmonized over time, other procedures are entirely distinct. Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems.
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