Does Section 1264 of the California Civil Code need to be amended to make it enforceable as a class action?

California, United States of America


The following excerpt is from Employment Development Dept. v. Superior Court, 178 Cal.Rptr. 612, 30 Cal.3d 256, 636 P.2d 575 (Cal. 1981):

Defendants also contend that the trial court abused its discretion in authorizing the action to proceed as a class action, arguing that plaintiff had already obtained the principal objective of the action by having section 1264 declared unconstitutional and that the administrative burdens in identifying and providing appropriate relief to the numerous individual class members outweigh the potential benefits of class treatment. (Cf. Blue Chip Stamps v. Superior Court (1976) 18 Cal.3d 381, 134 Cal.Rptr. 393, 556 P.2d 755.)

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