Case Update - Potential Mediation - Informal Resolution
In California, class certification requirements are found in the case law. Sav-On Drug Stores v. Superior Court , 34 Cal. 4th 319, 326 (2004). The plaintiff must establish the existence of “an ascertainable class” and a “well-defined community of interest among class members.” Id. The “community of interest” criteria is comprised of three factors, mirroring some Rule 23 requirements: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. Id. The attorney seeking to certify the class must obtain information satisfying these requirements. California law has not expressly adopted the federal law requirement that a class action satisfy one of three types of class actions defined in Fed. R. Civ. P. 23(b). However, plaintiffs are required to show that class treatment would “provide substantial benefits” to both the courts and the litigants, a show...