What is the scope of damages for a plaintiff in a class action?

California, United States of America


The following excerpt is from Marler v. E.M. Johansing, LLC, 132 Cal.Rptr.3d 691, 199 Cal.App.4th 1450 (Cal. App. 2011):

Tort damages must be carefully defined so they will not "vary widely from claim to claim, creating a wide disparity" in the relief for the class members. (Akkerman v. Mecta Corp., Inc., supra, 152 Cal.App.4th at p. 1102, 62 Cal.Rptr.3d 39.) An overbroad or vague claim for class damages may cause the case to "splinter into individual trials" and become unmanageable. (Ibid. ) Plaintiffs must carefully define the damages so they are closely connected to the common class liability claims. The trial court correctly found that plaintiffs had not sufficiently defined the scope of damages. But plaintiffs will have an opportunity to more carefully do so on remand where the court will determine the type of tort damage claims that may be decided in a class format.

Other Questions


Can a class action class action be barred if one third of the proposed class does not want to be a part of the class? (California, United States of America)
Can Respondent Respondents claim that they have to pay out of pocket damages to the Class A plaintiff in a class B class B case? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
In what circumstances have defendant and other independent trustees been ordered to pay damages to plaintiffs in a federal class action? (California, United States of America)
Can a member of a class represent other members of the class in a class action? (California, United States of America)
Is a condominium association permitted to substitute two of its members as plaintiffs as plaintiffs in a class action after the running of the statute of limitations? (California, United States of America)
Does a class action settlement bar subsequent recovery of punitive damages by a member of the class? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
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)
If there is any antagonism to a class action, can the named plaintiffs be denied class certification? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.