On remand, in what circumstances will the trial court order that a plaintiff be entitled to the same amount of compensation as a plaintiff in a class action?

California, United States of America


The following excerpt is from Finnegan v. Schrader, 110 Cal.Rptr.2d 552, 91 Cal.App.4th 572 (Cal. App. 2001):

On remand, the trial court should be guided by the fundamental premise, discussed at length by this court in Lealao v. Beneficial California, Inc. (2000) 82 Cal.App.4th 19, that "[g]iven the unique reliance of our legal system on private litigants to enforce substantive provisions of law through class and derivative actions, attorneys providing the essential enforcement services must be provided incentives roughly comparable to those negotiated in the private bargaining that takes place in the legal marketplace." (Id. at p. 47.) Conversely, "awards that are too small . . . chill the private enforcement essential to the vindication of many legal rights." (Id. at p. 53.)

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