CHAPTER 4 - Remedies and Procedures | Califonrnia Civil Code - CIV | Section 1781.
1781. (a) Any consumer entitled to bring an action under Section 1780 may, if the unlawful method, act, or practice has caused damage to other consumers similarly situated, bring an action on behalf of himself and such other consumers to recover damages or obtain other relief as provided for in Section 1780.
(b) The court shall permit the suit to be maintained on behalf of all members of the represented class if all of the following conditions exist:
(1) It is impracticable to bring all members of the class before the court.
(2) The questions of law or fact common to the class are substantially similar and predominate over the questions affecting the individual members.
(3) The claims or defenses of the representative plaintiffs are typical of the claims or defenses of the class.
(4) The representative plaintiffs will fairly and adequately protect the interests of the class.
(c) If notice of the time and place of the hearing is served upon the other parties at least 10 days prior thereto, the court shall hold a hearing, upon motion of any party to the action which is supported by affidavit of any person or persons having knowledge of the facts, to determine if any of the following apply to the action:
(1) A class action pursuant to subdivision (b) is proper.
(2) Published notice pursuant to subdivision (d) is necessary to adjudicate the claims of the class.
(3) The action is without merit or there is no defense to the action.
A motion based upon Section 437c of the Code of Civil Procedure shall not be granted in any action commenced as a class action pursuant to subdivision (a).
(d) If the action is permitted as a class action, the court may direct either party to notify each member of the class of the action. The party required to serve notice may, with the consent of the court, if personal notification is unreasonably expensive or it appears that all members of the class cannot be notified personally, give notice as prescribed herein by publication in accordance with Section 6064 of the Government Code in a newspaper of general circulation in the county in which the transaction occurred.
(e) The notice required by subdivision (d) shall include the following:
(1) The court will exclude the member notified from the class if he so requests by a specified date.
(2) The judgment, whether favorable or not, will include all members who do not request exclusion.
(3) Any member who does not request exclusion, may, if he desires, enter an appearance through counsel.
(f) A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.
(g) The judgment in a class action shall describe those to whom the notice was directed and who have not requested exclusion and those the court finds to be members of the class. The best possible notice of the judgment shall be given in such manner as the court directs to each member who was personally served with notice pursuant to subdivision (d) and did not request exclusion.
(Added by Stats. 1970, Ch. 1550.)Section: Previous 1780 1781 1782 1783 1784 Next
Last modified: July 19, 2016