Can a class action class action be barred if one third of the proposed class does not want to be a part of the class?
California, United States of America
The following excerpt is from Richmond v. Dart Industries, Inc., 174 Cal.Rptr. 515, 29 Cal.3d 462, 629 P.2d 23 (Cal. 1981):
In Fanucchi v. Coberly-West Co. (1957) 151 Cal.App.2d 72, 311 P.2d 33, the court held that even though one-third of the proposed class signed affidavits stating that they did not wish to be a part of the class, [629 P.2d 29] the class action suit could not be barred. "If (the opponents of the class) do not want to be paid they need not claim their share
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