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CA AB2588
Bill
Status
2/19/2010
Primary Sponsor
Martin Garrick
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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