Legal Question in Civil Litigation in California
How do I join a pending class action suit?
Hello. I'm trying to gain information about how I can join a class action lawsuit that I've become aware of. The suit was filed by an Individual, but filed as a Class Action Suit. Under Plaintiff it reads a persons and then reads, ''as an Invidual and on behalf of others similarly situated''...
My question is, how do the ''others similarly situated'' take part in the suit??? Or, is it only the listed Plaintiff's name that will receive any compensation paid out?
Thank you.
1 Answer from Attorneys
Re: How do I join a pending class action suit?
If the class is certified and the members can be readily found, the plaintiff's attorney will contact all of them by mail and give them an opportunity to opt out of the suit. Those who don't opt out will be included among the plaintiff class.
If the class is certified but its members cannot be so easily found, then there will be published notices in various newspapers advising class members of their rights and how to opt out. Once again, those who don't opt out will be included.
Keep in mind that class members generally don't receive very much. One of the requirements for class certification is that each member's injury be so minor that they are unlikely to sue individually. The actual settlement or award is often less than the value of the claims, and then attorney fees are often taken out before the payments are distributed.
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