Employment Law Blog

Filter:  Parris v. Sup.Ct.

Limiting Pre-Certification Communication in a Class Action Lawsuit

“In the context of a class action, it is the court’s authority and duty to exercise control over the class action to protect the rights of all parties, and to prevent abuses which might undermine the proper administration of justice.” (Howard Gunty Profit Sharing Plan v. Superior Court (2001) 88 Cal.App.4th 572, 581 (citing Gulf Oil Co. v. Bernard (1981) 452 U.S. 89, 100–103).)

“Communications that misrepresent the status or effect of the pending action, or which may cause confusion, adversely affect the administration of justice.” (Howard Gunty, supra, 88 Cal.App.4th 572at 582.) “Where a trial court identifies a potential for abuse, the court ‘has both the duty and the broad authority to exercise control over a class action and to enter appropriate orders governing the conduct of counsel and parties.’” (Hernandez v. Vitamin Shoppe Industries, Inc. (2009) 174 Cal.App.4th 1441, 1454 (quoting Howard Gunty, supra, 88 Cal.App.4th at 579).

READ MORE