What is the effect of a former employee dropping out of a group of employees for personal injury relief?

California, United States of America


The following excerpt is from California School Emp. Ass'n v. Personnel Commission of Pajaro Val. Unified School Dist. of Santa Cruz County, 5 Cal.App.3d 266, 85 Cal.Rptr. 246 (Cal. App. 1970):

2 The record, 1 Civ. 25817 (Div. 3), reflects that although relief was originally sought for four employees by the time of the entry of the pretrial order one former employee was dropped from the group. In its decision the trial court had noted, 'It would seem that the requirement that the action be conducted individually would be unnecessary, although it might have been preferable if the plaintiff had so handled this particular litigation.' The court refused to give legal expression to its preference, because under the facts of the particular case it would exalt form over substance. (Cf. Daniels v. Sanitarium Ass'n., Inc. (1963) 59 Cal.2d 602, 609, 30 Cal.Rptr. 828, 381 P.2d 652.)

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