Chapter 4. Remedies and Procedures - California Civil Code 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
   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
   (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.

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Last modified: February 16, 2015