PRETRIAL ADJUDICATION
...
Pleading
......
Class Actions
.........
Generally
............Class Representative
7 Cards On This Topic:
Fiduciary relationship exists between representative and class.
Trial ct. did not err in refusing to disqualify class counsel who also represented Writers Guild and did not err in refusing to disqualify all Ps from acting as named representatives of putative classes.
No bright-line rule that original class rep. Ps must be class members to have standing to obtain precert. discovery to identify class members who might become substitute Ps; trial ct. did not err by applying balancing test.
Ps' motion to certify class of product purchasers properly denied where Ps were distributors profiting from product's sale and therefore would not adequately represent the class.
Abuse of class action procedure to grant class's representative P, not a class member, precert. discovery from Ds to identify an actual class member as named P.
To represent adequately plaintiff class, representative's experience and claims must be typical of claims of class s/he wishes to represent.
P’s representative lacks standing to sue if it purports to represent class of which it is not member or group of persons not belonging to class.