If there is any antagonism to a class action, can the named plaintiffs be denied class certification?

Neither Dart nor the trial court addressed this state precedent. Instead, a federal case was cited to support the assertion that if there were any antagonism to a class action suit, this factor automatically signifies that there was not adequate representation by the named plaintiffs. The trial court relied on the two-pronged test for adequate representation outlined in Shulman v. Ritzenberg, supra, 47 F.R.D. 202. There, the court held that "(1) the representative party must be interested enough to be a forceful advocate and his chosen attorney must be qualified, experienced and generally able to conduct the litigation, and (2) the representative party must have interests which are compatible with and not antagonistic to those whom he would represent." (Id. at p. 207.)

The trial court's reliance on the holding in Shulman is misplaced since that case involved only a six-member class excluding the antagonistic class members. Certification would not have fulfilled the basic purpose of class adjudication because joinder was possible. Contrary to the defendant's view, Shulman provides support for the plaintiffs' position that class status may be denied only if antagonism of such a substantial degree is shown that the purpose of class certification would be defeated if the motion were granted. (See also Knuth v. Erie-Crawford Dairy Coop. Association (3d Cir. 1968) 395 F.2d 420, 428.)

[29 Cal.3d 473] The same conclusion was reached in Bailey v. Ryan Stevedoring Co., Inc., supra, 528 F.2d 551, in which a suit was brought on behalf of 232 local union members. Of this group, 204 of the members claimed that the plaintiffs did not represent their interests. The plaintiffs sought class certification in a suit to merge a union local made up of black members with a larger local made up of white members. Two hundred and four of the black members of the local objected to any merger because their power would have been diluted. (See also Schy v. Susquehanna Corporation (7th Cir. 1970) 419 F.2d 1112 (80 percent antagonism defeats class certification).)