A class action is 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 that have been as small as 10 individuals. 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 REQUIREMENTS MUST BE MET TO BRING A CLASS ACTION IN CALIFORNIA?
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
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)
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.