In Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986 (βJonesβ), the California Court of Appeal held that β[t]he lack of an adequate class representative β¦ does not justify the denial of the certification motion. Instead, the trial court must allow Plaintiff[[] an opportunity to amend [his] complaint to name a suitable class representative. [Citation & fn. omitted.] The court should then grant the certification motion if it approves a class representative.β Id. at 999.
Home > State Law Articles > California > General (CA) > New CA Case Confirms: No Absolute Rule to Permit Leave to Amend to Substitute Class Representative If Named Plaintiff Is Found Inadequate