What is the test for a party seeking class certification for a class action?

California, United States of America


The following excerpt is from Morgan v. Wet Seal, Inc., 149 Cal.Rptr.3d 70, 210 Cal.App.4th 1341 (Cal. App. 2012):

Furthermore "[i]t is not sufficient, in any event, simply to mention a procedural tool; the party seeking class certification must explain how the procedure will effectively manage the issues in question...." (Dunbar v. Albertson's, Inc. (2006) 141 Cal.App.4th 1422, 1432, 47 Cal.Rptr.3d 83.) In the present case, appellants do not explain how their list of procedural tools can be used to effectively manage a class action in this case.

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