A proposed bill to amend the California Code of Civil Procedure to create a class action rule similar to Rule 23, Federal Rules of Civil Procedure, has apparently failed for the time being. Among other things, ABX8 38 would have replaced Code of Civil Procedure Section 382 with a rule setting forth more specific, statutory prerequisites to class certification, similar to the requirements set forth in Rule 23. The legislative findings and declarations section of the bill would have read as follows:
(a) Class action lawsuits are an important and valuable part of
the legal system when they permit the fair and efficient resolution
of legitimate claims of numerous parties by allowing the claims to be
aggregated into a single action against a defendant that has
allegedly caused harm.
(b) The lack of clear standards for the certification and
management of class actions in California has led to abuses of the
class action device that have harmed class members with legitimate
claims as well as defendants who have acted responsibly, and these
abuses have undermined public respect for our judicial system.
However, the bill now has an inactive status. The last reported legislative history is a March 11, 2010 entry, “died at desk.”