The Types of Class Action Lawsuits in California
We are firm with a strong tradition of success in class action litigation. A class action lawsuit is a type of legal claim that allows multiple plaintiffs to join together and file a lawsuit against a common defendant. Class actions can be especially effective when each party’s individual damages may be relatively modest compared to the cumulative sum. At Saltz Mongeluzzi Bendesky P.C., our
California class action litigation attorneys handle all types of claims, including:
Consumer Protection Violations: Consumer protection laws are designed to help ensure that the marketplace is reasonably fair for people, families, and small businesses. There are federal and state consumer protection regulations that apply to companies that operate in California. When businesses deceive, mislead, or exploit a significant number of consumers, they can be held accountable through a class action lawsuit.
False Advertising Cases: False advertising can cause serious damage to consumers and competitors. Misleading advertisements can lead consumers to make purchases they would not have otherwise—thereby costing them money. When a large number of consumers are adversely affected, a class action lawsuit may be appropriate for a false advertising claim.
Whistleblower Rights: Employees or insiders who expose unlawful activities within an organization are protected by whistleblower rights. Unfortunately, some whistleblowers face unlawful retaliation from employers as retribution for disclosing problems. In some cases, it may be advisable for whistleblowers to pursue a class action lawsuit.
Dangerous and Defective Products: In California, manufacturers, distributors, and retailers are strictly liable for ensuring that their products are reasonably safe. If an entire line of products is defective, many consumers may have a claim that can be pursued as a class action lawsuit.
Wage and Hour Cases: California has strict laws regarding employee compensation, including minimum wage, overtime, and meal/rest breaks. When employers violate these rights on a large scale, affected employees can unite in a class action to claim their rightful compensation.
Civil Rights Cases: Civil rights class action lawsuits come into play when individuals face discrimination or injustice based on factors like race, gender, religion, or disability. By uniting as a class, victims may be in a better position to get justice and compensation.
What You Need to Establish to Get Certified for a Class Action Lawsuit in California
Not every legal dispute qualifies for a class action. As explained by the Judicial Council of California/Administrative Office of the Courts, there are specific requirements that must be met in order to get a class action lawsuit certified in the state. Before class action litigation can be officially certified in California, the following five criteria must be satisfied:
- The proposed class is sufficiently numerous, yet ascertainable;
- There are common issues of fact and law that predominate case;
- The proposed class representatives are reasonably typical of the class;
- The proposed class representatives will provide adequate representation; and
- A class action is deemed superior as a method to resolve the underlying conflict.
Your Rights as a Class Action Lawsuit Member in California
In California, being part of a class action lawsuit implies that you, along with many others, have faced similar damages or injustices from a common defendant. While the idea behind these lawsuits is to simplify proceedings by addressing all similar complaints in one court action, it is still crucial for all class members to be fully cognizant of their individual rights within the collective group. Your personal interests must be protected within a class action claim. Here are key rights that you have as a member—or potential member—of a class action lawsuit in California:
- The Right to Adequate Information: As a class member in California, you have the general right to be informed about the status, progress, and details of the lawsuit.
- The Right to Opt-Out of the Class Action: If you believe your claim is unique or has the potential for a greater individual payout, you may have the right to opt out of the class action and pursue your own lawsuit. To be clear, opting out is a very big decision. Do not do it lightly. Consult with a California class action litigation attorney before opting out.
- The Right to Receive Your Proportional Compensation: A successful class action lawsuit will generally result in a settlement or verdict for the plaintiffs. Should a class action claim in California be successful, you have the right to a portion of the compensation. The precise amount of compensation will always be highly case/fact-specific.
- The Right to Legal Counsel: Although the class action claim will generally have designated attorneys to serve as counsel for the representative parties, you always have the right to consult with your own California class action litigation attorney.