What are the requirements to file a class action lawsuit?
In order to file a class action lawsuit in California, there are specific legal requirements that must be met first. Firstly, the class of people who are affected by the dispute must be readily identifiable, and must all have suffered a legal wrong which entitles them to compensation or other remedy. Secondly, the claims of each plaintiff must be based on the same set of facts or circumstances, and the legal action must be able to be brought on behalf of the entire class of people affected. Thirdly, it must be established that the court has jurisdiction over the dispute, and that there is a legal basis for the claim. Lastly, the lead plaintiff, or "class representative," must be able to represent the rest of the class fairly and adequately. The Court will then decide whether or not the case is suitable for being heard under class action proceedings. If so, the Court will issue a "certification order" which allows the class action to proceed. The Court will also appoint a lawyer or team of lawyers to represent the class, as well as defining the class of people that the lawsuit applies to. This can involve providing notice of the class action to all potential class members. Once these steps have been taken, a class action lawsuit can be filed in California and the litigation process can begin. In order for the class action lawsuit to be successful, the plaintiffs must ultimately prove their legal claims on behalf of the entire class. If successful, the Court may enter a judgment awarding damages or other remedy to the class members.
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