Class Action Litigation in California and Florida

A class action lets one or a few people sue on behalf of everyone harmed by the same practice. It makes claims worth pursuing that would cost too much to bring one at a time, and it can bind a defendant to a single resolution for the whole group. Reiser Law, P.C. brings class actions for purchasers, owners and investors in California and Florida state and federal courts, and we work as co-counsel with other firms in larger cases.

What a court requires

In federal court, a class may be certified only if the class is so numerous that joinder is impracticable, there are common questions of law or fact, the representatives' claims are typical of the class, and the representatives will fairly and adequately protect the class. Fed. R. Civ. P. 23(a). In a damages class, the court must also find that common questions predominate over individual ones and that a class action is superior to other ways of resolving the controversy. Fed. R. Civ. P. 23(b)(3).

California state courts allow a representative suit when the question is one of common or general interest to many persons or the parties are numerous and it is impracticable to bring them all before the court. Cal. Code Civ. Proc. § 382. Florida state courts apply Florida Rule of Civil Procedure 1.220, which is modeled on the federal rule. In each system, a class settlement requires court approval. Fed. R. Civ. P. 23(e); Cal. Rules of Court, rule 3.769(a); Fla. R. Civ. P. 1.220(e).

State or federal court

Under the Class Action Fairness Act, federal courts have jurisdiction over many class actions in which the amount in controversy exceeds $5 million and any class member is a citizen of a different state from any defendant, unless the proposed classes total fewer than 100 members. 28 U.S.C. § 1332(d)(2), (d)(5)(B). Where a case is filed, and whether a defendant can remove it, shapes the procedure, the pace and the law the court will apply.

The cases we bring

Our class work grows out of the same areas as the rest of our practice: buyers of condominium and condo-hotel units who were sold on terms the law did not allow, owners of fractional and timeshare interests whose product was changed out from under them, and investors harmed by a common scheme. In investor cases, federal law limits some state-law class actions involving nationally traded securities, so we evaluate early whether a class, a group action or individual suits will serve clients best. See our securities litigation page.

Our experience

We were among class counsel in a federal class action for more than 250 purchasers of hotel-condominium units in which the court granted our clients partial summary judgment, the Ninth Circuit affirmed on interlocutory appeal, and the case ended in a $51 million settlement that received final approval in 2017. We were one of five firms appointed class counsel in a state court class action for buyers under roughly 80 condominium purchase agreements who sought the return of their deposits, which settled in 2014. Our real estate and condo-hotel and fractional interest and timeshare pages describe related work. See our representative cases.

If you received a class notice

A class notice usually gives you a choice: stay in the class and be bound by the result, or opt out and keep the right to sue on your own. Deadlines in the notice are strict. Our article on class action notice options explains the tradeoffs, and we can review a notice with you before the deadline passes.

Questions clients ask

Do I pay to be a class representative?

Class actions are typically handled on a contingency basis, with fees paid only from a recovery and only in an amount the court approves. We explain fee terms in writing before taking a case.

Should I opt out of a class settlement?

It depends on the size of your claim, the strength of the evidence and what the settlement offers. Opting out can make sense for owners or investors with large individual losses.

Can a class action be brought in arbitration?

Sometimes, but many consumer and investment contracts contain arbitration clauses with class action waivers. Whether those clauses are enforceable is often the first fight in the case.

Talk to us

For California matters, call (925) 256-0400 or email Michael J. Reiser at michael@reiserlaw.com. For Florida matters, call (305) 726-2003 or email Matthew W. Reiser at matthew@reiserlaw.com; Spanish speakers can write to Isabella Martinez at isabella@reiserlaw.com. You can also use our contact page.

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