The Kick Law Firm 

A Professional Corporation

815 Moraga Drive, Los Angeles, California 90049

PH: 310.395.2988 :


In a class action case, one (or several) named plaintiffs "stand in" for the entire group of similarly aggrieved persons during the course of the litigation. The attorney for the plaintiff(s) makes a motion for the court to certify that the case may proceed as a class action and that all parties who have similar claims are members of the class. If the judge certifies the case as a class action, the judge will order that a notice be given to all class members who have similar claims so that they may be informed of the lawsuit and decide whether they will either join the class or decline to be included in the class ("opt out"). If a class member decides to opt out, that class member will not be part of the case, will not be represented by the plaintiff(s) who filed the case, and may either file his or her own lawsuit or decide not to litigate the issue at all. Class members who do not opt out remain in the case and are bound by the resolution of the case. Additionally, neither the lead plaintiff(s) nor the class members involved in the class action case are allowed to initiate their own lawsuit on the matter at issue once the class action judgement or settlement has been decided. If a class action case decides to settle, the judge presiding over the case must approve of the fairness and propriety of the settlement. After judgement or settlement, the class members are notified as to how they can collect their share of the damages.