Is a plaintiff required to establish a community of interest in order to be successful in a class action?
California, United States of America
The following excerpt is from Palacio v. Jan & Gail's Care Homes, Inc., 196 Cal.Rptr.3d 110, 242 Cal.App.4th 1133 (Cal. App. 2015):
Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435, 97 Cal.Rptr.2d 179, 2 P.3d 27.) Under the community of interest requirement, the plaintiff must establish " (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. " (Ibid. )
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