USA – CALIFORNIA Law and Practice Contributed by: Steven Kaufhold, Jonathan Gaskin and Urvashi Malhotra, Kaufhold Gaskin LLP
all before the Court.” CCP § 382. As a practical matter, California Courts often look to Federal Rule of Civil Procedure 23 and federal case authorities in deter- mining whether sufficient numerosity exists to pro- ceed on a class-wide basis. Significantly, California class actions operate generally on an “opt-out” basis, where it is the responsibility of a class member to timely “opt-out” of a California class action if they do not want to be bound by the legal result of the action Under California law, joinder is the fundamental juris- prudential basis for addressing numerous, similar claims efficiently and consistently on a collective basis. California class actions and representative actions provide the procedural mechanism by which this is accomplished. 3.6 Case Management Powers of Courts California Courts use a variety of case management tools in respect to handling class actions and repre- sentative actions. To begin, Case Management Con- ferences permit the courts to manage all aspects of scheduling. Many California Superior Courts have a “Complex Department” that handles all class actions and representative actions and is often staffed by a judge with applicable experience with actions seeking collective redress. or settlement. 3.5 Joinder In respect of class actions, the judge’s Class Certifica- tion Order is a powerful tool to define the composition of the class and the scope of issues. Judges deter- mine if and how class members will be notified of the action and their right, if any, to opt out. By approving the content of any Class Notice, the Court can further manage the action and the flow of information to class members. California judges also provide settlement oversight and must affirmatively approve as fair and reasonable any class action settlement. California judges also must review and approve any attorney’s fees to be paid on a class-wide basis. Finally, judges must approve the dismissal of any California class action. In respect of representative actions, California judges may allow representative testimony, surveys, and sta- tistical analysis to prove violations on a group basis.
Also, PAGA settlements in California remain subject to judicial approval. 3.7 Length and Timetable for Proceedings California class and representative actions can vary significantly in length of time between initiation and resolution, depending on both the particulars of the claims (nature, complexity, size, and scope) and the particular court and judge. In general, California Courts have heavy caseloads, and complex class and representative actions almost always take more than two years to reach trial. California law (CCP §583.310) requires that actions be brought to trial within five years of initiation, but courts can allow the parties to extend that statutory deadline for cause. Some California courts assign cases to a single judge at initiation, who manages, hears, and oversees the matter through trial. This is the norm for cases filed in “Complex” departments, and often applies to class and representative actions. Other courts assign cas- es to more general departments, such as “Law and Motion,” with rotating judges who handle all pre-trial matters, such as scheduling and discovery, before assigning the case to a trial judge. Judges have signif- icant discretion on timing and tend to favour extended schedules. Judges generally check in on the progress of cases at case management conferences every four to six months and set trial dates (which trigger statuto- ry deadlines) and mandatory settlement conferences after discovery. 3.8 Mechanisms for Changes to Length/ Timetable/Disposal of Proceedings California allows plaintiffs to petition for accelerated scheduling under certain circumstances, such as extreme age or terminal illness. In some courts, par- ties may mutually stipulate to expedited trial proceed- ings with limited discovery and limited appeal rights, but it is rare for defendants in class or representative actions to do so. California courts have numerous points for pre-trial disposal or partial disposal of pro- ceedings, including upon motion for demurrer, class certification, summary adjudication or summary judg- ment.
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