California Class Action Attorneys

What is a Class Action Lawsuit?

A class action is a type of lawsuit in which one or more named plaintiffs sue on behalf of all members of a group who suffered from a common injustice. This recovers damages for the entire group without the need for each member of the group to file an individual lawsuit.

These types of cases are vastly more efficient, and economical, than individual lawsuits. Kershaw Talley Barlow class action lawyers successfully led and prosecuted numerous class action lawsuits in state and federal courts throughout the country representing individuals, businesses, and consumers in matters involving:

• Wage and hour violations
• Failure to pay overtime
• Predatory lending practices
• Improper banking practices (improper late fees)
• Improper credit card practices (improper late fees)
• Telephone and cellular phone company overcharges
• Automotive industry practices (auto dealer vs. manufacturer actions)
• False advertising
• Consumer fraud
• Qui Tam/Whistle Blower actions
• Antitrust violations
• Defective consumer products

Need help filing a class action lawsuit in California? Reach out to our law firm today for a free initial consultation by calling (916) 520-6639.

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What Are the Advantages of Class Action Lawsuits?

Class action lawsuits are an important tool for individuals and businesses to seek justice when they have been wronged by a large corporation or entity. By joining together in a class action lawsuit, plaintiffs can increase their collective bargaining power to ensure that the defendant is held accountable and provides fair compensation for the harms done.

This type of litigation also allows people to join forces with others who are affected by similar circumstances. This can prove advantageous for individuals who may not have enough money or resources to pursue individual cases against powerful entities.

Class actions are often more cost-effective than filing multiple individual claims, allowing all members of the group access to justice at an affordable price.

How to Start a Class Action Lawsuit

If you have been wronged by a large corporation or entity, and feel that your rights have been violated, then you may want to consider filing a class action lawsuit. However, to open a class action lawsuit, it’s important to understand the process involved in doing so.

A qualified class action attorney in California can provide guidance throughout this process and ensure that your rights are protected every step of the way.

Here are a few of the steps necessary to get started:

• Determine Eligibility - The first step to filing a class action lawsuit is determining if you are eligible to join the class and pursue legal action. Your class action lawyer can assess your case and determine whether or not you qualify as a member of the proposed class.
• Select Lead Plaintiffs - Once eligibility has been determined, lead plaintiffs must be selected in order for a class action lawsuit to commence. These individuals will be responsible for representing the entire class throughout litigation proceedings, which may include attending court appearances, negotiating settlements with defendants and other important tasks required by law.
• Submit Complaint - A formal complaint is then filed with the court outlining every detail of the incident(s) that led up to this point, including all relevant facts related to each plaintiff’s claim against the defendant(s). The complaint serves as an official notice that an individual or group of people intend on seeking remedies from those who caused them harm or loss through wrongful conduct or negligence.
• Certify Class Members - After submitting a formal complaint, it is necessary for courts to certify members of the proposed class in order for any type of relief (financial compensation) to be distributed among class members after litigation.
• Negotiate a Settlement - Once class is certified, attorneys representing both parties typically enter into negotiations to reach a mutually agreeable settlement without the need for a lengthy and expensive trial. In some cases, defendants may deny liability or dispute certain aspects of a plaintiff’s complaint which could lead to an actual trial in court.

Kershaw Talley Barlow provides legal representation to those seeking justice in open class action lawsuits. We have a successful track record of recovering damages for individuals and groups who have suffered injustice due to the wrongful conduct or negligence of others. Our California class action lawyers are uniquely qualified to help you get the compensation that you deserve.

How Do I Know If I Qualify for a Class Action Lawsuit?

To determine if you qualify as a member of a class in a class action lawsuit, you should consider the following factors:

• Class Definition: Review the class definition provided in the class action lawsuit. This description outlines the criteria for membership in the class, such as specific injuries, product usage, or other relevant factors.
• Notification: If you meet the class definition, you may receive a notification or notice about the class action lawsuit. This notice will provide information on your eligibility and the steps to take if you wish to participate.
• Class Certification: Class certification is a crucial step in a class action lawsuit. It is the court's decision to certify a class, which means that it acknowledges the class members share similar legal claims and can proceed collectively. If the class is certified, you may qualify as a member.
• Consultation with an Attorney: If you are unsure about your eligibility or have questions about your involvement in a class action lawsuit, you should consult with our experienced class action attorneys in Sacramento. We can review your situation, assess your eligibility, and provide guidance on the next steps to take.

It's important to note that each class action lawsuit is unique, and the specific criteria for class membership can vary. Therefore, it's advisable to seek legal advice from our attorneys who specialize in class action litigation to determine if you qualify as a member of a particular class.

California Class Action FAQs

Who can file a class action lawsuit in California?

Any individual in California who believes they have been harmed in the same way as a larger group can potentially file a class action, as long as they can meet the legal requirements for class certification. The person who files the lawsuit becomes the "class representative" and must show that their claims are typical of the group and that they can adequately represent the group’s interests. An attorney usually helps determine whether a case qualifies as a class action and assists in filing the lawsuit and pursuing certification from the court.

How do I know if I’m part of a class action?

If you are part of a class action lawsuit, you will typically receive a formal notice either by mail, email, or publication, informing you of the case and your rights. This notice will describe the nature of the lawsuit, who qualifies as a class member, and what steps you need to take to remain in or opt out of the lawsuit. If the court certifies the class, everyone who fits the description automatically becomes part of the class unless they choose to opt out, which is often necessary if they wish to pursue their own individual claims.

Will I have to pay legal fees to join a class action?

In most California class action lawsuits, class members do not have to pay any upfront legal fees. Attorneys typically work on a contingency basis, meaning they are paid a percentage of any settlement or award obtained in the case. These fees are usually approved by the court and deducted from the overall settlement before any funds are distributed to class members. This structure allows individuals to participate in legal actions without bearing the financial burden of hiring a lawyer individually.

What does it mean when a class action is “certified”?

Certification is a crucial step in a California class action lawsuit, where the court formally approves the case to proceed as a class action. To achieve certification, the plaintiff must prove that the legal claims are shared by a large group, the facts are common across the group, and a class action is the most efficient way to resolve the dispute. The judge evaluates these factors and, if satisfied, certifies the class. Once certified, the lawsuit proceeds on behalf of all qualifying class members unless they opt out.

Can I opt out of a class action lawsuit?

Yes, if you're a member of a class in a certified class action lawsuit in California, you typically have the right to opt out. Opting out means you choose not to participate in the class action, often to preserve your right to file your own individual lawsuit. Notices sent to potential class members will usually include instructions and deadlines for opting out. If you do nothing, you're automatically included in the class and bound by the final judgment, whether favorable or not.

What role does the class representative play in the lawsuit?

The class representative, also called the lead plaintiff, plays a key role in a California class action. This individual represents the interests of the entire group and works closely with attorneys to manage the lawsuit. The class representative must have claims typical of the group and must act in good faith. They may be asked to participate in discovery, attend hearings or mediations, and approve settlement offers. Courts sometimes award incentive payments to class representatives for their time and effort.

How is compensation determined and distributed in a class action?

Compensation in a California class action is generally determined through a settlement or a court judgment. The total amount is then divided among class members based on the nature of their damages, the number of claimants, and the terms outlined in the settlement agreement. Courts must approve the settlement and ensure it’s fair and reasonable. Claimants may need to submit forms to verify eligibility, and once the process is complete, payments are distributed by mail, direct deposit, or another specified method.

How long do class action lawsuits take?

Class action lawsuits in California can take several months to several years to resolve, depending on the complexity of the case, the size of the class, and whether the defendant chooses to settle or go to trial. The process involves initial investigation, filing the lawsuit, obtaining class certification from the court, engaging in discovery (exchange of information), potential settlement negotiations, and sometimes a trial. Appeals may also extend the timeline. Although the process can be lengthy, it is designed to ensure fairness and thorough review of the claims.

Over $1 Billion Recovered for Our Clients

Kershaw Talley Barlow succeeded in obtaining significant settlements and judgments for thousands of workers, credit card holders, purchasers of defective products, customers of Internet services providers, and purchasers of prescription drugs, to name a few.

Call (916) 520-6639for a free consultation. Our class action lawyers in Sacramento are ready to listen to your concerns and offer our guidance. We handle class action cases across California and the U.S.