COMPLEX CASES – JOINING PARTIES Flashcards Preview

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Flashcards in COMPLEX CASES – JOINING PARTIES Deck (14):
1

Proper plaintiffs and defendants. Who may be joined?

Works same as in federal court

2

Necessary and indispensable parties. Who must be joined.

Like federal practice

3

Impleader. Remember, this is where a defending party joins someone new (third party
defendant) who may owe him indemnity or contribution on the underlying claim. . But in California, how is it asserted?

In a cross complaint

4

Intervention.

As in federal court

5

Interpleader.

This is where someone (stakeholder) is in possession of property but knows that several people (claimants) want it.

Stakeholder does not want to get sued by each of
the claimants, so he sues them in “interpleader” and the court figures out who owns it.

6

The Class Action. The state statute uses vastly different language than the Federal Rule.

Requirements. The California statute says “when the question is one of a common or general interest, of many persons, . . . and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.”

What does the state requirement mean? ______________________________________________________

You must show:
1) an ascertainable class; and
2) a well defined community of interest

7

In considering if there is a “well-defined community of interest,” the court will look at whether three things are true:

  1. whether common questions predominate
  2. whether the representative is adequate
  3. whether the class will result in substantial benefit to the parties and the court

8

Types of class actions. In federal court, there are three types of classes. What about in state court?

No seperate types

9

Notice for Class Action

Notice may be given to the class by publication. Individual notice is not required.

10

In federal court the cost of notice is borne by the representative. How about in state court?

The court decides who will pay: it could be the representative, the D, or shared

11

Opting Out of Class Action

All class members who do not opt out are bound by the class judgment. Opt out may be allowed by the court.

12

Ct Appointed Counsel for Class Action

California does not require the court to appoint class counsel.

13

Settlement or Dissmissal for Class Action

Settlement or dismissal must be approved by the court.

14

Determining amount in controversy. Suppose a class has 26,000 members, each of whom has been harmed $1. What is the amount in controversy for determining whether this is a limited or unlimited civil case?

$26,000
Aggregate the class members claims