Can a class representative's failure to prosecute an appeal on behalf of the other members of his class constitute inadequate representation as a matter of law?

California, United States of America


The following excerpt is from Simons v. Horowitz, 151 Cal.App.3d 834, 199 Cal.Rptr. 134 (Cal. App. 1984):

4 A class representative's failure to prosecute an appeal on behalf of the other members of his class has been found to constitute inadequate representation as a matter of law. (Gonzales v. Cassidy, supra, 474 F.2d at pp. 75-76.)

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