California State wrt Class action/lead plaintiff.

Attorney answers (1)

1. 

   Adam Troy Savett

   Class Action Attorney

   Contributor Level 11

   1

   Helpful vote

   Answered December 16, 2009 09:17. I am not aware of a law or rule directly on point, but generally the "lead plaintiff" or any representative of the class in a class action must meet certain requirements, and the class as a whole must meet certain requirements.
   
   Generally, in order to bring a class action, courts have required the existence of an ascertainable class and a well-defined "community of interest" among the class members.
   
   The "community of interest" requirement is a three part test:
   
   (1) Common questions of law or fact must predominate the case;
   (2) The class representative must have claims or defenses typical of the class; and
   (3) The class representative must be able to adequately represent the class.
   
   See Akkerman v. Mecta Corp., Inc. (2007) 152 Cal.App.4th 1094, 1100.
   
   In general, an employee that is being sued might have trouble meeting the second and third parts of the "community of interest" test.
   
   But, I would advise you to discuss the situation with a lawyer well versed in California class action litigation.

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