Does a named plaintiff have a fiduciary duty to continue litigation on behalf of the class after they are released from jail?

The fact that there is a continuing interest of an unnamed class herein and that those plaintiffs who were inmates awaiting trial have an interest that cannot be dismissed as moot renders such claims valid and nondemurrable, if well pled. Named plaintiffs in the present case have a fiduciary duty to continue the litigation on behalf of the class after their release or transfer from the jail. (See LaSala v. American Sav. & Loan Assn. (1971) 5 Cal.3d 864, 871, 97 Cal.Rptr. 849, 489 P.2d 1113.) [128 Cal.App.3d 414] The case should not, ultimately, have been dismissed on the ground of mootness.

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