Calif. High Court Sets New Class 'Ascertainability' Standard

Law360 (July 29, 2019, 10:50 PM EDT) -- The California Supreme Court ruled Monday that Golden State judges don't need to require plaintiffs to show how they plan to identify and notify individual class members before certifying a proposed class, saying "due process is not that inflexible."

Chief Justice Tani Gorre Cantil-Sakauye authored the unanimous opinion, which said class ascertainability should be decided "in terms of objective characteristics and common transactional facts" — not necessarily on the plaintiff's ability to individually identify each class member.

"The record before us does not establish all of the facts and circumstances relevant to a determination regarding the appropriate form or forms of notice...

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