If you are part of a large group of people who have been wronged in the same way by the same person or company, you may be able to file a class action lawsuit.
Here’s how to file a class action lawsuit in California.
How to File a Class Action Lawsuit in California
Customers who purchase products have a reasonable expectation that the items they buy are safe, useful, and in good working order. Companies have a responsibility to test and ensure the safety of products sold on the open market.
From time to time, companies may fail in their duty of care or become negligent, causing serious harm or loss to their consumers.
Whether the issue is fraud, deceptive marketing, product safety, or untruthful advertising, you have the right to sue for compensation if you experience loss due to a faulty product or deceptive marketing.
Although it is possible for you to sue a business individually, doing so can be costly, inefficient, and difficult. When it comes to major issues with products and services that affect hundreds or thousands of people, the better option is generally to file a class action lawsuit on behalf of all parties.
Filing a class action lawsuit in California is much more complex than filing a standard civil lawsuit. In this step-by-step guide, we’ll tell you exactly what a class action is, when you should use this option, and how you file a class action lawsuit when you believe you have a case.
What is a Class Action Lawsuit?
Class action lawsuits allow consumers to group together and provide a united front. They also give the main plaintiffs the option to sue on behalf of other consumers if the size of the affected group would make it impractical to bring everyone into a courtroom. This is often the case with, say, faulty vehicle or harmful drug cases, where the number of “plaintiffs” may actually be in the thousands.
Most class action lawsuits are led by a small group of head “plaintiffs.” The class action system allows these plaintiffs to automatically include anyone else who feels they have the same complaint against the company.
Class action lawsuits are by their very definition group lawsuits comprised of multiple plaintiffs. Individual lawsuits, on the other hand, only very rarely involve more than a single claimant. Even when a civil suit does involve multiple claimants, the cases are traditionally kept separate.
It is also extremely rare to see a class action against an individual, especially in the case of small claims (under $5,000). In most cases, class actions are used solely for large-scale cases seeking a high compensation rate or complex form of compensation.
When a class action is filed against an individual, it tends to be an individual who has somehow interacted or impacted the lives of many people (such as a doctor or a business owner).
Consumer class action lawsuits specifically address issues with companies and the products or services they provide. For example, a plaintiff could use a class action to sue a drug company for deceptive marketing or drug safety issues if hundreds of people were harmed by the drug. The same plaintiff wouldn’t, however, use a class action to sue a telecommunications company over a single unpaid disconnection fee that went to collections despite being paid.
Getting Started
You know your case – and you know multiple people have the same complaint as you. Now what?
First, you must get in contact with a class action attorney who can help guide you through California’s complex legal system. The rules and guidelines for filing a class action are very complex – so much so that, even with a lawyer by your side, most cases still take years to process through the system.
Class action lawsuits must be pre-approved by a judge before they become active. In your initial hearing, you will present evidence of your complaint. You must also prove that your appointment as a representative for all plaintiffs with a complaint will provide immeasurable benefit to everyone involved, including the courts, the litigants, and all plaintiffs associated with the case.
In nearly all cases, you will also be asked to prove that a class action is the best way to resolve the case. As an example, if the company agrees to binding arbitration, yet you seek a class action anyway, the judge may refuse your case on the basis that binding arbitration is the less invasive and less costly option.
If you are able to effectively “prove your case,” the judge will officially certify your case as a legitimate California class action lawsuit.
After California Class Action Certification
Once your case is officially certified, it begins to move through the courts. This process can take anywhere from just a few months to several years depending on the nature of the case. Some companies agree to settle quickly, while others fight to prove their evidence so they have nothing to pay or compensate at all.
As a general rule, California class action cases proceed with the California Courts sending out a notification to all involved plaintiffs. Typically, this legal document is issued by mail; in some cases, it may be delivered via courier or even in person.
The initial notification tells plaintiffs:
- What the class action is seeking to accomplish
- Who is involved in the class action
- What rights involved plaintiffs have
- Who is representing the class action
- Which lawyers and/or law firms represent the case
- How they can “opt out” of the lawsuit if desired
Why would someone want to opt out?
California class actions are “opt-in” by default, meaning that in most cases, anyone affected by the associated complaint is presumed involved. Unfortunately, this prevents the individual from suing the company on their own, which may be undesirable if they disagree with the class action.
A Decision from the Court
Like all lawsuits, California class action lawsuits proceed through either a settlement or a trial. Settlements may allow all involved parties to avoid costly legal fees. Both companies and plaintiffs often agree to a settlement when the cost of the settlement is satisfactory in comparison to the cost or stress of ongoing legal proceedings.
At trial, a judge hears evidence from the representing plaintiff(s) and the defendant(s). They then take time to carefully review the evidence and deliver a final decision in favor of either the company or the plaintiffs.
Are you wondering how to file a class action lawsuit in California? You’ve come to the right place. Connect with a lawyer now and get legally sound advice on how to protect the rights of consumers in the state of California.
