AB 38

Bill Subjects

Abstract

Under existing law, if the consent of any person who should have been joined as a plaintiff cannot be obtained, that person may be made a defendant, and the complaint shall state the reason. Existing law authorizes one or more persons to sue or defend for the benefit of all if the question is one of a common or general interest of many persons, or if the parties are numerous and it is impracticable to bring them all before the court. The Consumers Legal Remedies Act permits a consumer who suffers any damage as a result of certain commercial practices to bring an action on the behalf of other consumers similarly situated, pursuant to specified procedures. This bill would repeal and reenact the provisions described above and would create a comprehensive set of procedures to be followed in all class actions. The bill would establish the prerequisites for a class action and would prohibit the maintenance of a class action unless other criteria are met. The bill would provide a process for defining or certifying a class, appointment of class counsel, notification to members of a class and payment for the notification, withdrawal by a member of a class, orders for the conduct of class actions, for the settlement, dismissal, or compromise of class actions, and for appeals from a class action. The bill would require a court that certifies a class for a class action to appoint class counsel pursuant to specified requirements. The bill would permit a court to award attorney's fees in class actions, except as specified. The bill would provide that its provisions are severable. The bill would also make a related statement of legislative findings and intent. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.