Can a class action be maintained if each individual's right to recovery depends on facts peculiar to that individual?

California, United States of America


The following excerpt is from Kennedy v. Baxter Healthcare Corp., 43 Cal.App.4th 799, 50 Cal.Rptr.2d 736 (Cal. App. 1996):

Thus, a class action cannot be maintained if each individual's right to recovery depends on facts peculiar to that individual. (City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 459, 115 Cal.Rptr. 797, 525 P.2d 701.) "[T]he community of interest requirement is not satisfied if every member of the alleged class would be required to litigate numerous and substantial questions determining [the member's] individual right to recover following the 'class judgment' determining issues common to the purported class." (Ibid.) 5

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