A California class action lawsuit allows one or more employees or consumers to sue on behalf of a larger group of people who were harmed by the same policy or practice, so the whole group’s claims can be resolved in a single case instead of hundreds of separate lawsuits.
A class action is a type of “representative” suit that resolves the claims of a large group of similarly situated individuals. The authority to bring a class action is found in California Civil Procedure Code § 382, which states in relevant part, “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.”
No set number is required to maintain a class action, and the California Supreme Court has upheld classes as small as 10 individuals. Because California class suits action requirements are shaped as much by case law and the California Rules of Court as by the statute itself, many people with valid claims don’t realize they may qualify for a class action lawsuit in California. One of our class action attorneys at Pimentel Law can help you determine whether you meet the standing requirements to bring a class action lawsuit in California.
What Are the California Class Action Requirements?
The first step after filing a class action is getting the court to “certify” it as a class. In order to obtain class certification, the person or persons bringing the suit–the class representatives– must show:
- The class is ascertainable and sufficiently numerous
- Common issues of law and fact predominate over individual issues
- The class representatives’ claims are typical of the claims of the class
- The class representatives and their counsel are adequate representatives of the class
- The class action is a superior method of adjudicating the claims than adjudicating them individually
These class action requirements in California come primarily from case law interpreting Section 382, together with the certification procedures set out in the California Rules of Court, rule 3.760, which governs how class actions are managed once they reach a judge.
To find out whether your potential case meets the requirements of a class action, one of our experienced class action attorneys in California can be your guide. Pimentel Law specializes in employment law class action cases including:
- Minimum wage violations
- Overtime violations
- Meal and rest period violations
- Failing to reimburse employees for work expenses
- Failing to furnish proper itemized wage statements (pay stubs)
California Class Action vs. PAGA Lawsuit: What’s the Difference?
Many class action lawsuit California involving unpaid wages, missed breaks, or unreimbursed expenses are filed alongside, or instead of, a claim under California’s Private Attorneys General Act (PAGA). The two types of cases often target the same underlying Labor Code violations, but they work differently, and the difference can affect both your timeline and your recovery.
| Feature | Class Action | PAGA Claim |
| Legal basis | Code of Civil Procedure § 382 | Labor Code §§ 2698–2699.8 |
| Court certification required? | Yes | No |
| Who the money goes to | Class members share the damages/unpaid wages recovered | Most penalties go to the State of California, with a smaller share divided among the affected employees |
| Can it be waived in an arbitration agreement? | Often, yes | Generally, no |
| First filing step | File a class action complaint in court | File notice with the CA Labor & Workforce Development Agency |
An experienced class action attorney in California can evaluate whether your situation is better suited to a class action, a PAGA claim, or both filed together.
How Long Do You Have to File a California Class Action Lawsuit?
Class action lawsuit California are subject to the same statutes of limitations that would apply if you filed an individual case. In most wage and hour class actions, the filing deadline is three years from the date of the violation under Code of Civil Procedure section 338, or up to four years if the claim also involves a violation of California’s Unfair Competition Law.
Discrimination and harassment class claims generally must first go through the California Civil Rights Department before a lawsuit can be filed. Because the clock keeps running while a potential case is being investigated, it’s important to speak with a class action attorney in California as soon as you suspect a widespread violation, waiting too long can shrink the size of the class or bar the claim altogether.
What Will I Receive for Filing a Class Action Lawsuit?
Since without a named plaintiff there can be no class action, compensation is usually necessary to induce him/her to participate in the suit. Thus, class representatives who file class action lawsuits in California are eligible for reasonable incentive payments to compensate them for the expense or risk they have incurred in conferring a benefit on other members of the class.
CONTACT AN EXPERIENCED CLASS ACTION ATTORNEY IN CALIFORNIA TODAY
Pimentel Law has over a decade of experience litigating representative actions, including class action lawsuits in California, and understands how to navigate the complexities of these types of cases. If you are looking for an effective class action attorney in California, contact Pimentel Law online or call us at (877) 265-8048.
Schedule a free case evaluation, contact us today.
