A class action lawsuit is a lawsuit in which one or more plaintiffs sue as a representative of a class of other people with a similarly situated cause of action or actions. To determine whether or not a person may sue as a representative of a class, we must look to California Code of Civil Procedure Section 382, which states:
“If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and 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, one or more may sue or defend for the benefit of all.”
This essentially means that when the claim is common to a numerous group of people, and it is “impracticable” to bring all of the people to the court, one person may represent the whole class so that justice may be sought for all class members who have been damaged.
Moreover, the plaintiff may also obtain certification as a class. Because obtaining certification requires certain formalities to be met, it is best to seek an experienced personal injury attorney or professional to determine whether you have a case, and most importantly, whether a class action lawsuit is right for you.
Authored by Scott D. McDonald, Esq.
Scott McDonald is a California native who graduated from Pepperdine Law School in 2008. He has been aggressively litigating cases in Personal Injury and Bankruptcy Law for nearly a decade. Mr. McDonald prides himself in being anything but a “typical” attorney. His unique and very personal approach to practicing law has helped numerous clients obtain their goals and get the legal relief they need.
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