What is the test for class action treatment in medical malpractice cases?
California, United States of America
The following excerpt is from Dep't of Fish & Game v. Superior Court of Plumas Cnty., 129 Cal.Rptr.3d 719, 197 Cal.App.4th 1323 (Cal. App. 2011):
propriety of class action treatment, the issue of community of interest is determined on the merits and the plaintiff must establish the community as a matter of fact. [Citation.] A "... class determination generally involves considerations that are enmeshed in the factual and legal issues comprising the plaintiff's cause of action. " ' " (Caro v. Procter & Gamble Co. (1993) 18 Cal.App.4th 644, 656, 22 Cal.Rptr.2d 419.)
In considering the expert evidence a plaintiff proposes to offer, the
[129 Cal.Rptr.3d 743]
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