community of interest requirement (California) · Go Syfert
← California issues

community of interest requirement in California

115 California opinions name it 3 courts 1962–2026 17 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (61)

CaseFollowedCited
Richmond v. Dart Industries, Inc.green
cal · 1981 · cited in 38 California opinions naming this issue, 1981–2025
2 sentences

2025City’s Conflict of Interest Claim Lacks Merit A conflict of interest among class members will defeat certification when the conflict “ ‘goes to the very subject matter of the litigation.’ ” ( Richmond, supra, 29 Cal.3d at pp. 470-471.) Such a conflict of interest undermines the adequacy of representation, an element of the community-of-interest requirement.

2025City’s Conflict of Interest Claim Lacks Merit A conflict of interest among class members will defeat certification when the conflict “ ‘goes to the very subject matter of the litigation.’ ” ( Richmond, supra, 29 Cal.3d at pp. 470-471.) Such a conflict of interest undermines the adequacy of representation, an element of the community-of-interest requirement.

2338
Linder v. Thrifty Oil Co.green
cal · 2000 · cited in 29 California opinions naming this issue, 2002–2026
2 sentences

2026Governing Law Class certification is authorized where the following elements are established: “(1) ‘the existence of an ascertainable and sufficiently numerous class’; (2) ‘a well-defined community of interest’; and (3) ‘substantial benefits from certification that render proceeding as a class superior to the alternatives.’ [Citations.] ‘The community of interest requirement involves three factors: “(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” ’ ” (

2022DISCUSSION A. Class Certification Principles “Section 382 of the Code of Civil Procedure authorizes class suits in California when ‘the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court.’ To obtain certification, a party must establish the existence of both an ascertainable class and a well-defined community of interest among the class members. [Citations.] The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class represent

1529
Sav-On Drug Stores, Inc. v. Superior Courtgreen
cal · 2004 · cited in 24 California opinions naming this issue, 2006–2026
2 sentences

2026No one factor, not even noise level, will be determinative as to all parcels.” (Ibid.) The San Jose court reaffirmed the rule announced in Weaver v. Pasadena Tournament of Roses (1948) 32 Cal.2d 833 , 838–840, 842–843) that “a class action cannot be maintained where each member’s right to recover depends on facts peculiar to his case” and remarked “the community of interest requirement is not satisfied if every member of the alleged class would be required to litigate numerous and substantial questions determining his individual right to recover following the ‘class judgment’ determining issue

2019Governing Law and Standard of Review Class actions are statutorily authorized “when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court . . . .” (§ 382.) The party seeking class certification must establish (1) “the existence of an ascertainable and sufficiently numerous class”; (2) “a well-defined community of interest”; and (3) “substantial benefits from certification that render proceeding as a class superior to the alternatives.” (Brinker Restaurant Corp. v. Superior Court (2012)

1424
Lockheed Martin Corp. v. Superior Courtgreen
cal · 2003 · cited in 15 California opinions naming this issue, 2003–2015
2 sentences

2015(Miller v. Woods (1983) 148 Cal.App.3d 862, 873 .) “The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives 2 who can adequately represent the class.’ ” (Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 .) “ ‘The burden is on the party seeking certification to establish the existence of both an ascertainable class and a well-defined community of interest among the class members.’ ” (Lockheed Martin Corp. v. Superior Court (2003) 29 Ca

2014As outlined in Lockheed Martin: " 'The community of interest requirement [for class certification] embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.' [Citation.] Plaintiffs acknowledge it is their burden to establish the requisite community of interest and that 'the proponent of certification must show, inter alia, that questions of law or fact common to the class predominate over the questions affecting the individual members.' [C

915
Brinker Restaurant Corp. v. Superior Courtgreen
cal · 2012 · cited in 27 California opinions naming this issue, 2013–2025
2 sentences

2025Proc., § 382.) “As part of the community of interest requirement, the party seeking certification must show that issues of law or fact common to the class predominate.” (Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28 (Duran).) “To determine whether common issues predominate, the court must ask whether ‘ “the issues framed by the pleadings and the law applicable to the causes of action alleged” ’ are ‘susceptible of common proof’ for all members of the proposed class (Brinker, supra, 53 Cal.4th at p. 1024 ), or whether the class members will be ‘ “required to litigate numerous and su

2025Proc., § 382.) “As part of the community of interest requirement, the party seeking certification must show that issues of law or fact common to the class predominate.” (Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28 (Duran).) “To determine whether common issues predominate, the court must ask whether ‘ “the issues framed by the pleadings and the law applicable to the causes of action alleged” ’ are ‘susceptible of common proof’ for all members of the proposed class (Brinker, supra, 53 Cal.4th at p. 1024 ), or whether the class members will be ‘ “required to litigate numerous and su

827
Vasquez v. Superior Courtred
cal · 1971 · cited in 9 California opinions naming this issue, 1974–2014
2 sentences

2004The community of interest requirement recognizes that “ultimately each class member will be required in some manner to establish his individual damages . . . .” (Vasquez v. Superior Court, supra, 4 Cal.3d 800, 815 ; Collins v. Rocha, supra, 7 Cal.3d 232, 238 ; Acree v. General Motors Acceptance Corp. (2001) 92 Cal.App.4th 385, 397 [ 112 Cal.Rptr.2d 99 ]; Hicks v. Kaufman & Broad Home Corp. (2001) 89 Cal.App.4th 908, 916 [ 107 Cal.Rptr.2d 761 ].) As explained in Employment Development Dept. v. Superior Court (1981) 30 Cal.3d 256, 266 [ 178 Cal.Rptr. 612 , 636 P.2d 575 ], “a class action is not

2000(Richmond v. Dart Industries, Inc., supra, 29 Cal.3d at p. 470 ; Vasquez, supra, 4 Cal.3d at p. 809.) The community of interest requirement involves three factors: “(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Richmond v. Dart Industries, Inc., supra, 29 Cal.3d at p. 470 .) Other relevant considerations include the probability that each class member will come forward ultimately to prove his or her separate claim to a portion of the total recovery a

79
City of San Jose v. Superior Courtgreen
cal · 1974 · cited in 15 California opinions naming this issue, 1976–2026
2 sentences

2026No one factor, not even noise level, will be determinative as to all parcels.” (Ibid.) The San Jose court reaffirmed the rule announced in Weaver v. Pasadena Tournament of Roses (1948) 32 Cal.2d 833 , 838–840, 842–843) that “a class action cannot be maintained where each member’s right to recover depends on facts peculiar to his case” and remarked “the community of interest requirement is not satisfied if every member of the alleged class would be required to litigate numerous and substantial questions determining his individual right to recover following the ‘class judgment’ determining issue

2024The rule exists because the community of interest requirement is not satisfied if every member of the alleged class would be required to litigate numerous and substantial questions determining his individual right to recover following the “class judgment” determining issues common to the purported class.’ ” (Quoting City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 459 .) It added that class treatment for nuisance claims is unusual because such claims are “based on a defendant’s activities that inflict individualized property damage upon 5 unique parcels of property,” and, therefore, “

515
Wash. Mut. Bank v. Superior Court of Orange Cty.green
cal · 2001 · cited in 11 California opinions naming this issue, 2003–2022
2 sentences

2013(Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906, 913 [ 103 Cal.Rptr.2d 320 , 15 P.3d 1071 ]; Linder v. Thrifty Oil Co., supra, 23 Cal.4th at p. 435 ; Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 [ 174 Cal.Rptr. 515 , 629 P.2d 23 ].) The community of interest requirement involves three factors: “(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Richmond v. Dart Industries, Inc., supra, 29 Cal.3d at p. 470 .) An additional c

2013(Lockheed Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096 , 1103–1104; Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906, 913 .) “The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; 6 (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 ; accord, Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, 326 ; Dailey, supra, 214 Cal.App.4th at p. 988 .) Moreover

511
Duran v. U.S. Bank National Assn.green
cal · 2014 · cited in 9 California opinions naming this issue, 2015–2025
2 sentences

2025Proc., § 382.) “As part of the community of interest requirement, the party seeking certification must show that issues of law or fact common to the class predominate.” (Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28 (Duran).) “To determine whether common issues predominate, the court must ask whether ‘ “the issues framed by the pleadings and the law applicable to the causes of action alleged” ’ are ‘susceptible of common proof’ for all members of the proposed class (Brinker, supra, 53 Cal.4th at p. 1024 ), or whether the class members will be ‘ “required to litigate numerous and su

2025Proc., § 382.) “As part of the community of interest requirement, the party seeking certification must show that issues of law or fact common to the class predominate.” (Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28 (Duran).) “To determine whether common issues predominate, the court must ask whether ‘ “the issues framed by the pleadings and the law applicable to the causes of action alleged” ’ are ‘susceptible of common proof’ for all members of the proposed class (Brinker, supra, 53 Cal.4th at p. 1024 ), or whether the class members will be ‘ “required to litigate numerous and su

59
JP Morgan & Co., Inc. v. Superior Courtgreen
calctapp · 2003 · cited in 5 California opinions naming this issue, 2007–2014
2 sentences

2014P. Morgan & Co., Inc. v. Superior Court (2003) 113 Cal.App.4th 195, 212 [ 6 Cal.Rptr.3d 214 ] [“ ‘[t]he adequacy inquiry . . . serves to uncover conflicts of interest between named parties and the class they seek to represent’ ”]; see also Johnson v. GlaxoSmithKline, Inc. (2008) 166 Cal.App.4th 1497, 1509 [ 83 Cal.Rptr.3d 607 ].) “To resolve the adequacy question the court ‘will evaluate “the seriousness and extent of conflicts involved compared to the importance of issues uniting the class; the alternatives to class representation available; the procedures available to limit and prevent unfai

2014P. Morgan & Co., Inc. v. Superior Court (2003) 113 Cal.App.4th 195, 212 [ 6 Cal.Rptr.3d 214 ] [“ ‘[t]he adequacy inquiry . . . serves to uncover conflicts of interest between named parties and the class they seek to represent’ ”]; see also Johnson v. GlaxoSmithKline, Inc. (2008) 166 Cal.App.4th 1497, 1509 [ 83 Cal.Rptr.3d 607 ].) “To resolve the adequacy question the court ‘will evaluate “the seriousness and extent of conflicts involved compared to the importance of issues uniting the class; the alternatives to class representation available; the procedures available to limit and prevent unfai

55
Daar v. Yellow Cab Co.green
cal · 1967 · cited in 6 California opinions naming this issue, 1974–2007
2 sentences

2007(Daar, supra, 67 Cal.2d at p. 704 ; see Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906, 913 [ 103 Cal.Rptr.2d 320 , 15 P.3d 1071 ] [proponent of class has the burden to prove the elements for class treatment].) The community of interest requirement is established if (1) common issues of law or fact predominate over issues unique to individual class members; (2) the class representatives have claims typical of the class; and (3) the class representatives will adequately present the class.

2002In order to proceed under Code of Civil Procedure section 382, there must be both “an ascertainable class” and “a well defined community of interest in the questions of law involved affecting the parties to be represented.” (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 704 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ]; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 [ 97 Cal.Rptr.2d 179 , 2 P.3d 27 ] (Linder).) “The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the cla

46
Kaldenbach v. Mutual of Omaha Life Insurancegreen
calctapp · 2009 · cited in 4 California opinions naming this issue, 2011–2026
2 sentences

2026Co. (2009) 178 Cal.App.4th 830, 843 (Kaldenbach).) “ ‘ “Code of Civil Procedure section 382 authorizes class suits in California when ‘ “the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court.” To obtain certification, a party must establish the existence of both an ascertainable class and a well-defined community of interest among the class members. [Citations.] The community of interest requirement involves three factors: “(1) predominant common questions of law or fact; (2) class repr

2026Co. (2009) 178 Cal.App.4th 830, 843 (Kaldenbach).) “ ‘ “Code of Civil Procedure section 382 authorizes class suits in California when ‘ “the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court.” To obtain certification, a party must establish the existence of both an ascertainable class and a well-defined community of interest among the class members. [Citations.] The community of interest requirement involves three factors: “(1) predominant common questions of law or fact; (2) class repr

44
Collins v. Rochagreen
cal · 1972 · cited in 5 California opinions naming this issue, 1974–2014
2 sentences

2010(Sav-On Drug Stores, Inc. v. Superior Court, supra, 34 Cal.4th at p. 326 ; Lockheed Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1103-1104 [ 131 Cal.Rptr.2d 1 , 63 P.3d 913 ]; Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906, 913 [ 103 Cal.Rptr.2d 320 , 15 P.3d 1071 ]; Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 [ 97 Cal.Rptr.2d 179 , 2 P.3d 27 ].) The Supreme Court has held, “The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and

2010(Sav-On Drug Stores, Inc. v. Superior Court, supra, 34 Cal.4th at p. 326 ; Lockheed Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1103-1104 [ 131 Cal.Rptr.2d 1 , 63 P.3d 913 ]; Washington Mutual Bank v. Superior Court (2001) 24 Cal.4th 906, 913 [ 103 Cal.Rptr.2d 320 , 15 P.3d 1071 ]; Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 [ 97 Cal.Rptr.2d 179 , 2 P.3d 27 ].) The Supreme Court has held, “The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and

35
Johnson v. GlaxoSmithKline, Inc.green
calctapp · 2008 · cited in 3 California opinions naming this issue, 2014–2016
2 sentences

2016Club v. Superior Court (1989) 209 Cal.App.3d 177, 181 ; and see Johnson, supra, 166 Cal.App.4th at p. 1517 [“That application of collateral estoppel does not depend on the legal theory advanced in the successive lawsuits is well established”].) We are not persuaded by Williams’s argument that the minor differences in the legal theories asserted in the present action and the Burakoff action suffice to prohibit the application of collateral estoppel. 7 B.

2016Club v. Superior Court (1989) 209 Cal.App.3d 177, 181 ; and see Johnson, supra, 166 Cal.App.4th at p. 1517 [“That application of collateral estoppel does not depend on the legal theory advanced in the successive lawsuits is well established”].) We are not persuaded by Williams’s argument that the minor differences in the legal theories asserted in the present action and the Burakoff action suffice to prohibit the application of collateral estoppel. 7 B.

33
Kennedy v. Baxter Healthcare Corp.green
calctapp · 1996 · cited in 3 California opinions naming this issue, 2007–2013
2 sentences

2013“In order to maintain a class action, certain prerequisites must be met, specifically, ‘the existence of an ascertainable class and a well-defined community of interest among the class members. [Citation.] The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.’ [Citation.]” (Kennedy v. Baxter Healthcare Corp. (1996) 43 Cal.App.4th 799, 808 [ 50 Cal.Rptr.2d 736 ].) Class certification is properly den

2013“In order to maintain a class action, certain prerequisites must be met, specifically, ‘the existence of an ascertainable class and a well-defined community of interest among the class members. [Citation.] The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.’ [Citation.]” (Kennedy v. Baxter Healthcare Corp. (1996) 43 Cal.App.4th 799, 808 [ 50 Cal.Rptr.2d 736 ].) Class certification is properly den

33
Acree v. General Motors Acceptance Corp.green
calctapp · 2001 · cited in 3 California opinions naming this issue, 2004–2011
2 sentences

2011(Linder, supra, 23 Cal.4th at p. 435 .) “The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 [ 174 Cal.Rptr. 515 , 629 P.2d 23 ].) “The predominance factor requires a showing ‘that questions of law or fact common to the class predominate over the questions affecting the individual members.’ [Citation.] ‘The ultimate question in every c

2011(Linder, supra, 23 Cal.4th at p. 435 .) “The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 [ 174 Cal.Rptr. 515 , 629 P.2d 23 ].) “The predominance factor requires a showing ‘that questions of law or fact common to the class predominate over the questions affecting the individual members.’ [Citation.] ‘The ultimate question in every c

33
Massachusetts Mutual Life Insurance v. Superior Courtgreen
calctapp · 2002 · cited in 3 California opinions naming this issue, 2002–2010
2 sentences

2002In order to proceed under Code of Civil Procedure section 382, there must be both “an ascertainable class” and “a well defined community of interest in the questions of law involved affecting the parties to be represented.” (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 704 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ]; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 [ 97 Cal.Rptr.2d 179 , 2 P.3d 27 ] (Linder).) “The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the cla

2002In order to proceed under Code of Civil Procedure section 382, there must be both "an ascertainable class" and "a well defined community of interest in the questions of law involved affecting the parties to be represented." (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 704 , 63 Cal.Rptr. 724 , 433 P.2d 732 ; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 , 97 Cal.Rptr.2d 179 , 2 P.3d 27 (Linder).) "The community of interest requirement involves three factors: `(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class;

33
Blue Chip Stamps v. Superior Courtgreen
cal · 1976 · cited in 3 California opinions naming this issue, 1999–2002
2 sentences

2002In order to proceed under Code of Civil Procedure section 382, there must be both “an ascertainable class” and “a well defined community of interest in the questions of law involved affecting the parties to be represented.” (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 704 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ]; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 [ 97 Cal.Rptr.2d 179 , 2 P.3d 27 ] (Linder).) “The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the cla

2002In order to proceed under Code of Civil Procedure section 382, there must be both “an ascertainable class” and “a well defined community of interest in the questions of law involved affecting the parties to be represented.” (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 704 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ]; see also Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435 [ 97 Cal.Rptr.2d 179 , 2 P.3d 27 ] (Linder).) “The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the cla

33
Capitol People First v. State Department of Developmental Servicesgreen
calctapp · 2007 · cited in 7 California opinions naming this issue, 2013–2017
2 sentences

2017"The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.] 'In turn, the "community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." ' " ( *24 Brinker Restaurant Corp. v. Superior Court (

2017"The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.] 'In turn, the "community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." ' " ( *24 Brinker Restaurant Corp. v. Superior Court (

27
In Re Cipro Cases I and IIgreen
calctapp · 2004 · cited in 3 California opinions naming this issue, 2009–2014
2 sentences

2014As outlined in Lockheed Martin: " 'The community of interest requirement [for class certification] embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.' [Citation.] Plaintiffs acknowledge it is their burden to establish the requisite community of interest and that 'the proponent of certification must show, inter alia, that questions of law or fact common to the class predominate over the questions affecting the individual members.' [C

2011(Linder, supra, 23 Cal.4th at p. 435 .) “The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 [ 174 Cal.Rptr. 515 , 629 P.2d 23 ].) “The predominance factor requires a showing ‘that questions of law or fact common to the class predominate over the questions affecting the individual members.’ [Citation.] ‘The ultimate question in every c

23
Employment Development Department v. Superior Courtgreen
cal · 1981 · cited in 3 California opinions naming this issue, 1987–2014
2 sentences

2004The community of interest requirement recognizes that “ultimately each class member will be required in some manner to establish his individual damages . . . .” (Vasquez v. Superior Court, supra, 4 Cal.3d 800, 815 ; Collins v. Rocha, supra, 7 Cal.3d 232, 238 ; Acree v. General Motors Acceptance Corp. (2001) 92 Cal.App.4th 385, 397 [ 112 Cal.Rptr.2d 99 ]; Hicks v. Kaufman & Broad Home Corp. (2001) 89 Cal.App.4th 908, 916 [ 107 Cal.Rptr.2d 761 ].) As explained in Employment Development Dept. v. Superior Court (1981) 30 Cal.3d 256, 266 [ 178 Cal.Rptr. 612 , 636 P.2d 575 ], “a class action is not

2004The community of interest requirement recognizes that “ultimately each class member will be required in some manner to establish his individual damages . . . .” (Vasquez v. Superior Court, supra, 4 Cal.3d 800, 815 ; Collins v. Rocha, supra, 7 Cal.3d 232, 238 ; Acree v. General Motors Acceptance Corp. (2001) 92 Cal.App.4th 385, 397 [ 112 Cal.Rptr.2d 99 ]; Hicks v. Kaufman & Broad Home Corp. (2001) 89 Cal.App.4th 908, 916 [ 107 Cal.Rptr.2d 761 ].) As explained in Employment Development Dept. v. Superior Court (1981) 30 Cal.3d 256, 266 [ 178 Cal.Rptr. 612 , 636 P.2d 575 ], “a class action is not

23
Osborne v. Subaru of America, Inc.green
calctapp · 1988 · cited in 3 California opinions naming this issue, 1996–2000
2 sentences

2000You’d have to determine job availability during that particular disability.” Discussion “The party seeking certification as a class representative must establish the existence of an ascertainable class and a well-defined community of interest among the class members. [Citation.] The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. [Citation.]” (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 46

2000You’d have to determine job availability during that particular disability.” Discussion “The party seeking certification as a class representative must establish the existence of an ascertainable class and a well-defined community of interest among the class members. [Citation.] The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. [Citation.]” (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 46

23
Fairbanks v. Farmers New World Life Insurancegreen
calctapp · 2011 · cited in 2 California opinions naming this issue, 2026–2026
2 sentences

2026Co. (2011) 197 Cal.App.4th 544, 561 (Fairbanks), quoting Kaldenbach, supra, 178 Cal.App.4th at p. 843 .) Here, we are largely concerned with a single aspect of the trial court’s certification decision—whether questions of common or general interest predominate.

2026Co. (2011) 197 Cal.App.4th 544, 561 (Fairbanks), quoting Kaldenbach, supra, 178 Cal.App.4th at p. 843 .) Here, we are largely concerned with a single aspect of the trial court’s certification decision—whether questions of common or general interest predominate.

22
Ghazaryan v. Diva Limousine, Ltd.green
calctapp · 2008 · cited in 2 California opinions naming this issue, 2011–2013
22
Akkerman v. MECTA CORP., INC.green
calctapp · 2007 · cited in 2 California opinions naming this issue, 2009–2013
22
Bartold v. Glendale Federal Bankgreen
calctapp · 2000 · cited in 2 California opinions naming this issue, 2010–2010
22
Lazar v. Hertz Corp.green
calctapp · 1983 · cited in 2 California opinions naming this issue, 1987–1999
22
Classen v. Wellergreen
calctapp · 1983 · cited in 2 California opinions naming this issue, 1987–1987
22
La Sala v. American Savings & Loan Ass'ngreen
cal · 1971 · cited in 2 California opinions naming this issue, 1987–1987
22
Price v. Communications Workers of America Local 9503green
calctapp · 1959 · cited in 2 California opinions naming this issue, 1962–1967
22
Ballin v. Los Angeles County Fairgreen
calctapp · 1941 · cited in 2 California opinions naming this issue, 1962–1967
22
Barber v. California Employment Stabilization Commissiongreen
calctapp · 1954 · cited in 2 California opinions naming this issue, 1962–1967
22
Watson v. Santa Carmelita Mutual Water Co.green
calctapp · 1943 · cited in 2 California opinions naming this issue, 1962–1967
22
Goodspeed v. Great Westernn Power Co.green
calctapp · 1937 · cited in 2 California opinions naming this issue, 1962–1967
22
Noroian v. Bennettgreen
cal · 1919 · cited in 2 California opinions naming this issue, 1962–1967
22
Medrazo v. Honda of North Hollywoodgreen
calctapp · 2008 · cited in 4 California opinions naming this issue, 2013–2014
2 sentences

2014(Medrazo v. Honda of North Hollywood (2008) 166 Cal.App.4th 89, 98 [ 82 Cal.Rptr.3d 1 ].) “The adequacy of representation component of the community of interest requirement for class certification comes into play when the party opposing certification brings forth evidence indicating widespread antagonism to the class suit.” (Capitol People First v. State Dept. of Developmental Services (2007) 155 Cal.App.4th 676, 696-697 [ 66 Cal.Rptr.3d 300 ]; see J.

2014(Medrazo v. Honda of North Hollywood (2008) 166 Cal.App.4th 89, 98 [ 82 Cal.Rptr.3d 1 ].) “The adequacy of representation component of the community of interest requirement for class certification comes into play when the party opposing certification brings forth evidence indicating widespread antagonism to the class suit.” (Capitol People First v. State Dept. of Developmental Services (2007) 155 Cal.App.4th 676, 696-697 [ 66 Cal.Rptr.3d 300 ]; see J.

14
Noel v. Thrifty Payless, Inc.green
cal · 2019 · cited in 2 California opinions naming this issue, 2019–2019
2 sentences

2019Governing Law and Standard of Review Class actions are statutorily authorized “when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court . . . .” (§ 382.) The party seeking class certification must establish (1) “the existence of an ascertainable and sufficiently numerous class”; (2) “a well-defined community of interest”; and (3) “substantial benefits from certification that render proceeding as a class superior to the alternatives.” (Brinker Restaurant Corp. v. Superior Court (2012)

2019Proc., § 382.) “The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.” (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021 ; Noel v. Thrifty Payless, Inc. (2019) 7 Cal.5th 955, 968 .) “The community of interest requirement involves three factors: ‘(1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the clas

12
Ayala v. Antelope Valley Newspapers, Inc.green
cal · 2014 · cited in 2 California opinions naming this issue, 2014–2019
2 sentences

2019(See, e.g., Ayala, supra, 59 Cal.4th at pp. 530-540.) “As part of the community of interest requirement, the party seeking certification must show that issues of law or fact common to the class predominate. [Citation.]” (Duran, supra, 59 Cal.4th at p. 28 .) Before certifying a class, the trial court need not resolve all legal disputes concerning the elements of plaintiff’s claims to determine whether common questions predominate.

2014(Ibid.; accord, Ayala, supra, 59 Cal.4th at pp. 529-530.) “The certification question is ‘essentially a procedural one’” (Sav-On, supra, 34 Cal.4th at p. 326 ) that examines “whether the theory of recovery advanced by the proponents of certification is, as an analytical matter, likely to prove amenable to class treatment” (id. at p. 327).

12
Adkins v. Leachgreen
calctapp · 1971 · cited in 2 California opinions naming this issue, 2017–2017
12
Mendoza v. County of Tularegreen
calctapp · 1982 · cited in 2 California opinions naming this issue, 2017–2017
12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
In Re Tobacco II Cases green
cal · 2009
2 sentences

2020Although class actions enforcing the Unfair Competition Law “‘serve [an] important 3 The community of interest requirement also requires a showing that the class representatives (1) have “claims or defenses typical of the class” and (2) “can adequately represent the class.” (Brinker, at p. 1021.) These requirements are not at issue in this appeal. 9 role[] in the enforcement of consumers’ rights’” by enabling consumers to bring a collective action when “the relatively small individual recovery” would make a single-plaintiff lawsuit infeasible (Tobacco II, supra, 46 Cal.4th at p. 313 ; Fletcher

2016(Tobacco II, supra, 46 Cal.4th at p. 313 ; Brinker Restaurant Corp. v. Superior Court, supra, 53 Cal.4th at p. 1021 .) The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.

32011–2020
Frazier v. City of Richmond green
calctapp · 1986
2 sentences

2017Although noting that the courts "have sought guidance from ... the Federal Rules of Civil Procedure, rule 23, in the absence of state precedent," Reyes nevertheless identified and applied the class action certification requirements of ascertainability, predominance and superiority. ( Id. at p. 1271, 242 Cal.Rptr. 339 .) Citing our Supreme Court's precedent, Reyes explained that the certification of a class in California "require[s] the showing of an ascertainable class and a well-defined community of interest in questions of law and fact among the members of that class," and that "[a]s to the

2017Although noting that the courts "have sought guidance from ... the Federal Rules of Civil Procedure, rule 23, in the absence of state precedent," Reyes nevertheless identified and applied the class action certification requirements of ascertainability, predominance and superiority. ( Id. at p. 1271, 242 Cal.Rptr. 339 .) Citing our Supreme Court's precedent, Reyes explained that the certification of a class in California "require[s] the showing of an ascertainable class and a well-defined community of interest in questions of law and fact among the members of that class," and that "[a]s to the

22017–2017
Reyes v. Board of Supervisors green
calctapp · 1987
2 sentences

2017Although noting that the courts "have sought guidance from ... the Federal Rules of Civil Procedure, rule 23, in the absence of state precedent," Reyes nevertheless identified and applied the class action certification requirements of ascertainability, predominance and superiority. ( Id. at p. 1271, 242 Cal.Rptr. 339 .) Citing our Supreme Court's precedent, Reyes explained that the certification of a class in California "require[s] the showing of an ascertainable class and a well-defined community of interest in questions of law and fact among the members of that class," and that "[a]s to the

2017Although noting that the courts "have sought guidance from ... the Federal Rules of Civil Procedure, rule 23, in the absence of state precedent," Reyes nevertheless identified and applied the class action certification requirements of ascertainability, predominance and superiority. ( Id. at p. 1271, 242 Cal.Rptr. 339 .) Citing our Supreme Court's precedent, Reyes explained that the certification of a class in California "require[s] the showing of an ascertainable class and a well-defined community of interest in questions of law and fact among the members of that class," and that "[a]s to the

22017–2017
Miller v. Woods green
calctapp · 1983
21987–2015
Tarkington v. California Unemployment Insurance Appeals Board green
calctapp · 2009
22010–2010
Chance v. Superior Court green
cal · 1962
21967–1974
Weaver v. Pasadena Tournament of Roses Ass'n green
cal · 1948
12026–2026
Kight v. CashCall CA4/1 green
calctapp · 2014
12026–2026
Atkins v. City of Los Angeles green
calctapp · 2017
12025–2025
Jolly v. Eli Lilly & Co. green
cal · 1988
12023–2023
Martinez v. Joe's Crab Shack Holdings green
calctapp · 2014
12020–2020
Bell v. American Title Insurance green
calctapp · 1991
12017–2017
Carter v. City of Los Angeles green
calctapp · 2014
12017–2017
Interinsurance Exchange of Automobile Club v. Superior Court green
calctapp · 1989
12016–2016
Newell v. State Farm General Insurance green
calctapp · 2004
12014–2014
Chern v. Bank of America green
cal · 1976
12013–2013
Fireside Bank v. Superior Court green
cal · 2007
12013–2013
Dailey v. Sears, Roebuck & Co. green
calctapp · 2013
12013–2013
Bell v. Farmers Insurance Exchange green
calctapp · 2004
12007–2007

Statutes the citing opinions construe

CA § Cal. Civil Code § 1750 (22) CA § Cal. Civil Code § 1781 (15) CA § Cal. Labor Code § 510 (13) CA § Cal. Business and Professions Code § 17200 (11) CA § Cal. Civil Code § 1770 (8) CA § Cal. Labor Code § 226.7 (7) CA § Cal. Civil Code § 1780 (5) CA § Cal. Business and Professions Code § 17203 (4) CA § Cal. Evidence Code § 452 (4) CA § Cal. Labor Code § 1194 (4) CA § Cal. Labor Code § 2698 (4) CA § Cal. Labor Code § 515 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 115 (1962–2026) WI 4 (1993–2010) PA 2 (1984–2026) LA 2 (1975–1978) NJ 2 (1974–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check