Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)

Citation: Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Parent Document: Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Jurisdiction: California (state)
Effective Date: 1978-10-06
Original Source: https://www.courtlistener.com/opinion/2130433/cavanaugh-v-state-of-california/ ↗

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Code of Civil Procedure section 382 establishes the statutory authority for class actions. (4) Although the section appears to speak in the alternative, it is now judicially established that two requirements must be established as a predicate for the proceeding; (1) there must be an ascertainable class, and (2) there must be a well-defined community of interest in the questions of law and fact affecting the parties to be represented. However, it is not essential to the establishment of a class action that a common fund exist or a common recovery be required in order to establish the community of interest (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695 [63 Cal. Rptr. 724, 433 P.2d 732]), and the fact that separate transactions may be involved does not preclude a finding of the requisite community of interest so long as each member of the class would not be required to litigate numerous or substantial questions to determine the individual's right to recover after rendition of a class judgment in plaintiffs' favor. (Vasquez v. Superior Court (1971) 4 Cal.3d 800, 809 [94 Cal. Rptr. 796, 484 P.2d 964, 53 A.L.R.3d 513].)

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