Does Rule 23(b)(2) require notice for a class action?
California, United States of America
The following excerpt is from Lowry v. Obledo, 111 Cal.App.3d 14, 169 Cal.Rptr. 732 (Cal. App. 1980):
Rule 23(b)(2) does not require notice for class actions, which, like this case, primarily seek declaratory or injunctive relief. Although federal courts have ordered notice to absent class members in rule 23(b)(2) actions, notice serves no purpose where there are no factual disputes and the plaintiff class is adequately represented by counsel. (Elliot v. Weinberger (9th Cir. 1977) 564 F.2d 1219, 1229.)
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