Civ Pro - Ca - Complex Cases/class Actions*

Front 1

CA -- Impleader equivalent

Back 1

Cross-Complaint

Front 2

CA -- Intervention equivalent

Back 2

Same as Fed

Absentee choices to join pending suit (as either Defendant or Plaintiff)

Intervention of Right --> A's interest may be harmed if she is not joined and her interest is not adequately represented now

Permissive Intervention --> A's claim or defense and the pending case have at least one issue in common

Front 3

CA -- Interpleader equivalent

Back 3

Owner of property in question (stakeholder) in litigation forces all potential claimaints into a single lawsuit to avoid multiple litigation and inconsistency

Two types: 1) Rule 2) Statutory

Front 4

CA -- Class Action Requirements

Back 4

1) Ascertainable class
2) Well-defined community of interests

Front 5

CA -- Class Action "Well defined community of interests"

Back 5

WHETHER:
1) common questions predominate
2) Representative is adequate
3) Class will result in substantial benefit to the parties and the court

Front 6

CA -- Class Action Classification

Back 6

Just one --> CLASS ACTION

Front 7

CA -- Class Action Notice

Back 7

Can be done by publication

Individual notice not required

Court decides who will pay cost of notice

Front 8

CA -- Class Action Right to Opt Out

Back 8

Those who do not are bound by the judgment

Opt out may be allowed by Court

Front 9

CA -- Class Action Counsel

Back 9

Not appointed by Court

Front 10

CA -- Class Action Settlement or Dismissal

Back 10

Must be approved by Court

Front 11

CA -- Class Action Determining Ammount in Controversy

Back 11

Can aggregate individual claims