What is required to maintain a class action lawsuit?
In California, a class action lawsuit requires a group of people to join together and file a lawsuit against a single defendant. These people are called “plaintiffs” and are represented by a single individual called the “class representative.” The lawsuit must be filed with a court in California and must meet specific requirements in order to be maintained as a class action. In order to move forward with the class action lawsuit, the court must certify the class. This means the court must determine that the class of plaintiffs have similar interests and that the class representative is suitable to serve as their representative. The court must also decide whether a class action is the better option for all parties involved when compared to multiple individual lawsuits. For a class action to remain active throughout its duration, the court must also decide that the claims of the class of plaintiffs are similar and the legal theories are the same. The class representative must be continuously updated on the progress of the case and must be able to provide class members with communication and notices. The court must also decide whether the total damages that could potentially be awarded to the class is greater than the cost of prosecuting the class action because the cost of dispute resolution must not exceed the total damages. Finally, the class has to be maintained throughout the resolution of the lawsuit. This requires that all the class members remain a part of the class and any objections or appeals are addressed by the court. This also includes the judgment and distribution of any funds awarded to the class.
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