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In addition, any consumer could act as a representative and file a class action lawsuit against a business committing unfair competition. [15] Proposition 64 allows only private plaintiffs who have "suffered injury in fact and lost money or property as a result of such unfair competition" may file suit, [ 16 ] while "unaffected" plaintiffs now ...
The lower California court of appeal determined that to bring a PAGA representative action, a plaintiff need not satisfy class action requirements. [50] The California Supreme Court affirmed, holding that failing to impose class action requirements on PAGA actions was not contrary to legislative intent, nor would it violate defendants' right to ...
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
A recent example is the California Electronic Discovery Act, which was vetoed in October 2008 (along with many other bills) by Governor Arnold Schwarzenegger simply as his expression of disgust with the Legislature's inability to fix the state's dysfunctional budget, rather than because of any substantive defect in the bill itself. [21]
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A class action in such a situation centralizes all claims into one venue where a court can equitably divide the assets amongst all the plaintiffs if they win the case. Finally, a class action avoids the situation where different court rulings could create "incompatible standards" of conduct for the defendant to follow. See Fed. R. Civ. P. 23(b ...
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California Assembly Bill 5 or AB 5 is a state statute that expands a landmark Supreme Court of California case from 2018, Dynamex Operations West, Inc. v. Superior Court ("Dynamex"). [1] In that case, the court held that most wage-earning workers are employees and ought to be classified as such, and that the burden of proof for classifying ...