What happens if a plaintiff does not agree with the terms of a class action settlement?
If a plaintiff does not agree with the terms of a class action settlement in California, they can opt-out of the settlement and pursue their own legal action. This means that the plaintiff will not be bound by the ruling or agreement of the class action lawsuit and can choose to seek a different resolution to their dispute. The plaintiff will have to formally opt-out of the class action settlement, usually in writing, or they may be bound to the settlement even if they do not agree with its terms. They will also usually have to pay their own legal fees and costs associated with opting-out and with pursuing a separate legal action. A plaintiff who opts-out must also take into account the risks associated with going against a settlement. This includes the fact that their legal action might not be successful, that it might be more time consuming, and that it will cost more in terms of legal costs. Additionally, if the settlement is approved by the court, the plaintiff might not be able to bring a separate lawsuit against the defendant in the future. Ultimately, class action settlement agreements are binding for those who do not opt-out. However, plaintiffs have the option of opting-out if they do not agree with the terms of a class action settlement in California.
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