How is the class determined in a class action lawsuit?

In a class action lawsuit in California, a class is determined by the court. The court will assess whether the members of the group have common interests and questions of law or fact that justify bringing a lawsuit as a group. If the court finds that the group does have similar interests and legal or factual questions, it will certify the group as a class. Certified classes must also meet certain criteria set by the court. The class must be so numerous that it would be impractical to bring them all to court. The class must also have a shared legal or factual controversy that affects all class members in the same way and can be resolved in the same fashion. The claims and defenses of the class representative must also be similar to, and representative of, the interests of the entire class. The class representative must also be able to adequately protect the interests of the class and have an interest in the case. Once the court certifies the class, all those members are automatically included in the lawsuit and the court will decide the case for everyone in the class. In the end, any resulting compensation is divided among all of the class members.

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