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CA AB2588

Bill

Status

Introduced

2/19/2010

Primary Sponsor

Martin Garrick

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Repeals existing class action provisions in Civil Code Section 1781 and Code of Civil Procedure Section 382 and establishes comprehensive class action procedures modeled on Federal Rule 23.

  • Requires four prerequisites for class certification: numerosity, commonality of legal or factual questions, typicality of representative claims, and fair and adequate representation of class interests.

  • Establishes that class actions may be maintained only when prerequisites are met and one of three conditions applies: risk of inconsistent adjudications, defendant acted on grounds applicable to the class, or common questions predominate with superior adjudication method.

  • Requires courts to certify class actions by written order defining the class and appointing class counsel based on experience, qualifications, and ability to represent class interests fairly and adequately.

  • Provides procedures for class member notification, opt-out rights, settlement approval requiring court finding of fairness and reasonableness, and allows courts to award reasonable attorney's fees and costs.

Legislative Description

Joinder: representative actions.

Last Action

In committee: Set first hearing. Failed passage. Reconsideration granted.

5/4/2010

Committee Referrals

Judiciary3/25/2010

Full Bill Text

No bill text available