Class action appeal collapses

By CMTA Staff

Capitol Update, May 3, 2013 Share this on FacebookTweet thisEmail this to a friend

A bill to bring fairness to California class actions by giving the defendant the right to appeal the class certification decision, SB 737 (Bob Huff, R-Diamond Bar), failed along party-line votes this week (Dems nay and Reps yay).

CMTA was supporting the bill because under current California practice, only the denial of a class certification motion is appealable. In most class action litigation, the battle over certification determines the entire case. An order granting class certification puts tremendous pressure on defendants to agree to settlement – even in the face of meritless claims. 

California’s treatment of class actions is ranked as one of the worst in the country, putting defendants at a disadvantage. This bill would have brought the same balance to class action litigation that exists in federal courts and many states. 

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