How to Start a Class Action Lawsuit in California

Class action lawsuits are legal actions where individuals sue on behalf of larger groups who were harmed by the same defendant(s).

Such lawsuits are becoming increasingly big business: class action settlements totaled over $40 billion in 2024 for the third year in a row, a new record.

You may be wondering when class actions make more sense than individual lawsuits. Class actions make more sense than individual lawsuits when you have suffered similar damages to many other people and the damages you have suffered are not extremely substantial. If you’ve suffered very substantial damages such as tens of thousands of dollars in medical bills, it may make more sense to file an individual lawsuit instead of a class action.

Call us today for a FREE consultation at (800) 718-4658 or contact us if a company has harmed you. We can determine if it makes more sense for you to file a class action lawsuit or an individual lawsuit, and we can help you pursue financial compensation for your medical bills, lost wages, pain, suffering and more.

Table of Contents

• What Is a Class Action Lawsuit?
• Who Can Start a Class Action Lawsuit?
• What Are the Four Requirements for a Class Action Lawsuit?
• Steps to Start a Class Action Lawsuit in California
• Examples of Class Action Lawsuits in California
• Do I Need a Lawyer for a Class Action Lawsuit?
• How Long Do Class Action Lawsuits Take?
• What Compensation Can You Get?
• Class Action vs Mass Tort: Differences Explained
• How Much Does It Cost to File a Class Action Lawsuit?
• Is It Hard to Start a Class Action Lawsuit?
• How Many People Are Needed to File a Class Action Lawsuit?
• Is It Worth Filing a Class Action Lawsuit?
• Contact Our California Class Action Lawyers Today

What Is a Class Action Lawsuit?

A class action suit is a lawsuit involving multiple people suing on behalf of a bigger group of people who suffered harm due to the same defendant(s).

Class action suits allow people who could lack the resources to file lawsuits by themselves to join a lawsuit and collectively pursue a legal claim.

These lawsuits involve class representatives who represent the whole class, filing lawsuits and pursuing cases on behalf of the whole class.

Class action lawsuits are cost-effective and efficient. They allow those with small claims to pursue legal actions they might not be able to afford otherwise. They are powerful tools for holding organizations and companies accountable for any misconduct which affects many people.

Class action lawsuits may involve:

• Product liability: These cases involve product defects which harm many consumers, such as malfunctioning appliances or contaminated drugs.
• Consumer fraud: These cases involve companies engaging in deceptive practices which harm many customers, such as overcharging or false advertising.
• Environmental claims: These cases involve environmental damage or pollution which affects many people.
• Employment disputes: These cases involve issues such as hour and wage violations or discrimination which affect many employees.
• Securities fraud: These cases involve companies misrepresenting financial info to investors.

Who Can Start a Class Action Lawsuit?

To qualify for a class action, individuals need to have suffered similar damages or harm from the same defendant(s). The harm might stem from false advertising, discriminatory practices or defective products, among other issues.

Groups need to be big enough to make individual lawsuits impractical. Class representatives’ claims need to be typical of a larger group.

Key eligibility criteria include:

• Similar harm: Class members need to have experienced similar damages or harm.
• Common defendant(s): Harm must have been caused by the same entity.

Determining eligibility includes:

• Review notices: If you received a notice regarding a possible class action settlement, review the notice carefully to determine if you qualify.
• Consult with an attorney: A lawyer with experience handling class action lawsuits can assess your legal situation and advise you on if you meet eligibility criteria.
• Claim forms: When a settlement gets reached, you could have to submit a claim form to a settlement administrator in order to determine eligibility.

What Are the Four Requirements for a Class Action Lawsuit?

For cases to qualify for class action status, they need to meet the following requirements:

• Numerosity: The proposed class needs to be large enough to make individual lawsuits impractical.
• Commonality: The class members need to have common factual or legal questions.
• Typicality: The claims of the lead plaintiffs need to be typical of the class.
• Adequacy of representation: The representatives need to be able to adequately represent and protect the interests of the entire class.

Steps to Start a Class Action Lawsuit in California

Hire a Lawyer

The first step is having a free consultation with a lawyer who handles class action suits. An attorney will assess your situation, determine if it meets class action litigation requirements, and determine if filing a class action lawsuit is the right course of action.

Identifying a Class & Shared Harm

A class action lawsuit requires a group who has suffered similar harm due to the actions of the same defendant.

File the Lawsuit

Should an experienced class action attorney determine that your case is viable, the lawyer will file a complaint in a court. The complaint will outline claims and name defendants.

Motion for Class Certification

Part of the class action process will be your lawyer formally asking the court to grant your case class action status. The court will check if your case meets certain legal criteria, like typicality, commonality, numerosity and adequate representation.

Class Certification Hearing

A hearing may be scheduled by the court in order to determine if the class will be certified. Defendants can object to certification.

Notify Class Members

Certified class members get informed when the class gets certified. This usually involves sending notices out and might include publishing notices in media that is relevant. Class members can then choose to opt out or join. Most opt out.

Settlement Negotiations

Following the period of opting in or opting out, parties might begin negotiating a settlement. This will allow parties to come to an agreement which is mutually acceptable and addresses harm that class members have suffered. The proposed settlement will then have its adequacy considered by the court, which will determine if the class members are fairly compensated by it.

Go to Trial

Should a settlement not get reached, the lawsuit may proceed to a trial in court. During this stage, plaintiffs need to prove the case before a jury and/or judge.

Examples of Class Action Lawsuits in California

Tobacco Master Settlement

1999 saw the attorneys general of 46 states launch the biggest class action lawsuit in the history of the United States against tobacco companies Lorillard, Brown & Williamson, R.J. Reynolds and Philip Morris Inc.

The lawsuit was filed in order to recover healthcare costs which were related to tobacco and Medicaid.

The result of the lawsuit was that:

• The tobacco companies agreed to cease or curtail some tobacco-related marketing practices
• The tobacco companies agreed to pay annual payments to states in order to compensate them for medical costs of caring for those with illnesses that are related to smoking
• Tobacco industry groups the Council for Tobacco Research, the Center for Indoor Air Research and Tobacco Institute were dissolved

States were to end up receiving in excess of $206 billion over a span of 25 years as a part of the settlement agreement.

Roundup Class Action Lawsuit

In 2023, Bayer settled a class action lawsuit over the herbicide Roundup for up to $45 million.

The lawsuit claimed that consumers overpaid for Roundup products because the products lacked labels warning of cancer risks.

Under the settlement, Bayer agreed to compensate members of the class for as much as 20 percent of the retail price of as many as 11 Roundup products without receipts, or unlimited products with proof of purchase.

The lawsuit ended up involving around 230,000 valid claims which were worth about a total of $13 million.

The class action lawsuit did not involve any claims of injuries being suffered by the plaintiffs. Bayer is currently facing around 67,000 individual lawsuits alleging that people have developed non-Hodgkin lymphoma due to exposure to Roundup. Almost 100,000 Roundup lawsuits have already been settled.

Ozempic Class Action Lawsuit

In 2024, a Maine woman filed a class action lawsuit in federal court against Cigna Health and Life Insurance Company, alleging that Cigna wrongfully denied her coverage for Ozempic.

The lawsuit argues that plans are required by the Affordable Care Act to cover weight loss medication to treat obesity, and that it’s not legal to discriminate based on a disability, arguing that obesity is a disability.

The woman allegedly started taking Ozempic in February 2023, but, in August, was notified that her plan would no longer cover the prescription. She also claims her insurance denied coverage of Zepbound as well.

There have been no class action lawsuits alleging that Ozempic has caused people to be injured. However, there is a federal multidistrict litigation involving claims of injuries caused by Ozempic. There were 1,882 cases pending in that MDL as of June 12, 2025, and more Ozempic lawsuits continue to be filed.

The MDL contains mostly claims of GLP-1 drugs like Ozempic causing gastroparesis. There are also a growing number of lawsuits alleging that Ozempic causes vision loss, but those cases are not part of the MDL.

Talcum Powder Class Action Lawsuit

In December 2023, a class action lawsuit involving talcum powder was certified by a federal judge in New Jersey. The lawsuit was filed by Johnson & Johnson investors who claimed that the company fraudulently inflated the value of its products by concealing asbestos contamination in its talc products.

The lawsuit did not allege any injuries suffered by the plaintiffs. However, Johnson & Johnson is currently facing over 63,000 individual lawsuits which have been filed in a federal multidistrict litigation. The lawsuits allege that people have developed cancer after using the company’s talcum powder products. Talcum powder lawsuit updates continue to come in as the litigation proceeds.

California Gasoline Price Manipulation Class Action – $13.9 Million

In March 2025, a federal judge approved a $13.9 million settlement which compensated businesses as well as non-California customers who got cheated by a gasoline firm scheme to inflate gas prices after an explosion occurred at a Southern California oil refinery in 2015.

Vitol and SK Energy Americas, two gas firms, stood accused of utilizing traders who were also friends with one another to collude in inflating gasoline prices by making some transactions appear different to confuse people about market supply and demand.

Some estimates indicated the scheme may have led to California residents suffering $150 million in losses in just 2015.

Do I Need a Lawyer for a Class Action Lawsuit?

While it’s not a strict requirement to have a lawyer, it is highly recommended to have one.

It is crucial to have a lawyer for a class action lawsuit due to:

• Resources and complexity: These lawsuits are complicated and commonly involve taking on entities who have a lot of legal resources.
• Class certification: To get a group of people certified as a class, you need to meet certain legal criteria, and it’s essential to have a lawyer to argue for class certification.
• Negotiation: These lawsuits commonly lead to settlements. Skilled lawyers can negotiate effectively for classes to secure just compensation.
• Legal expertise: Attorneys with expertise in handling class action lawsuits are crucial for having strong cases.

How Long Do Class Action Lawsuits Take?

A typical class action suit will take two or three years to resolve. Some cases may be settled in under a year, though, and others may take many years.

The duration may significantly vary based on factors such as case complexity, number of plaintiffs, defendants’ strategies, and if a trial is involved.

Factors which can impact the time it takes for a class action suit to resolve include:

• Settlements: When these lawsuits are settled prior to trial, they can sometimes be resolved in one to two years.
• Trials: When cases go to trial, they usually take longer, possibly two years or longer.
• Complexity: More complicated cases involving many plaintiffs and complex legal issues may take much longer to resolve.
• Defendants’ strategies: When defendants aggressively fight cases and employ delay tactics, lawsuits may get prolonged.
• Efficiency of the court system: The timeline can be impacted by how fast the court system moves.
• Class certification: The class certifying process can affect how long it takes a case to resolve.

What Compensation Can You Get in a Class Action Lawsuit?

The compensation available in a class action lawsuit will depend on the circumstances of the case. Compensation is available for a wide variety of losses.

Examples include:

• Class members involved in a lawsuit over products which were purchased may receive compensation for the products they purchased.
• Class members involved in a lawsuit over a data breach might recover compensation for the costs of identity theft protection and credit monitoring services, as well as reimbursement for any fraudulent charges.
• Class members involved in a lawsuit over consumer fraud might recover compensation for advertising that’s misleading or refunds for overpayments.
• Class members involved in lawsuits over securities fraud may recover compensation for investment-related losses.

Class Action vs Mass Tort: Differences Explained

Class action cases and mass tort cases both involve groups of plaintiffs making allegations against the same defendant(s).

However, the primary difference between a mass tort and a class action lawsuit is how much control plaintiffs have over their cases.

In a class action lawsuit, every plaintiff has suffered similar harm due to the same defendant(s). Instead of each class member getting their own trial, a single lawsuit resolves the litigation for all class members. The whole case is tried by one lawyer or a small group of lawyers.

A mass tort, however, involves multiple individual lawsuits. Every plaintiff is given a chance to present their own argument, experts and evidence. This means that plaintiffs have more control over their cases in mass torts than in class action lawsuits.

Class action lawsuits usually involve less damages than mass tort lawsuits. Typically, when plaintiffs have suffered substantial damages valued at tens of thousands of dollars or more, they file mass tort lawsuits rather than class action lawsuits.

How Much Does It Cost to File a Class Action Lawsuit?

It usually doesn’t cost anything to join a class action lawsuit. Attorneys often cover the costs of litigation and get paid from the verdict or settlement. Lawyer fees are usually a percentage of the total verdict or settlement, often from 25 percent to 35 percent, but may be higher in complicated cases.

Here’s a detailed breakdown:

• Plaintiffs have no upfront costs: Class action suits are accessible to those who might not be able to afford other litigation.
• Contingency fee representation: Attorneys usually agree to represent classes on a contingency fee basis. This means they receive a percentage of the total judgment or settlement as payment when they win the case. Courts ultimately review and approve attorney fees to make sure things are fair. Plaintiffs are usually not required to pay any attorney fees when class action lawsuits are unsuccessful. Attorneys assume financial risks associated with pursuing class action lawsuits.
• Expenses and court costs: The lawyers who represent the individual class members usually cover upfront costs of lawsuits including expenses such as expert witness fees, travel expenses, the costs of evidence gathering, and court filing fees. For example, the initial cost to file a federal civil lawsuit in court is around $405. Law firms pay fees like these. The fees end up being deducted from judgments or settlements.
• Award or settlement distribution: When class action lawsuits are successful, courts will usually deduct expenses and attorney fees from judgments or settlements prior to distributing funds to class members.
• Potential for more costs: Class representatives may rarely incur minor expenses like postage or travel. These, however, are typically minimal and commonly reimbursed.
• Consultations are usually free: Many law firms offer free consultations to discuss cases and determine if they have merit.

Is It Hard to Start a Class Action Lawsuit?

It can be challenging and complex to start a class action lawsuit. It requires careful planning and careful execution. It involves numerous key steps, including identifying a class which is suitable, collecting evidence, and navigating often complex legal procedures.

Anyone can technically start a class action. However, it’s vital to secure strong legal representation and meet specific requirements if you want success.

Challenges involved in starting a class action include:

• Complexity: These lawsuits involve complicated legal procedures which require careful navigation.
• Numerosity: Classes need to be large enough to warrant class action lawsuits. This means dozens or even hundreds of parties involved.
• Gathering evidence: It can be demanding and time-consuming to secure enough evidence to support claims in a class action lawsuit.
• Legal fees: These lawsuits can be quite expensive. Legal fees may be significant.

To summarize, anyone can technically initiate a class action. However, it involves a complicated legal process which requires evidence collection, careful planning and the help of an experienced attorney.

How Many People Are Needed to File a Class Action Lawsuit?

There isn’t a fixed minimum amount of people which is required for filing a class action suit. However, classes have to be large enough in order to make the process worthwhile and efficient.

Some states might allow class action lawsuits with small numbers of plaintiffs (even two). In general, though, at least a few dozen plaintiffs is preferred.

• No minimum in a lot of jurisdictions: California is an example of a jurisdiction without a minimum required amount of class members.
• Some jurisdictions do have minimums: Many state and federal courts can require a minimum of 40 members in order to form a class.
• Practical considerations: Classes need to be big enough to justify the complexity, expense and time of a class action suit.
• Factors which influence the number: The adequacy of representation, commonality of claims and scope and severity of the harm can influence how many class members are required for a class action suit.
• Benefits of larger classes: Bigger classes can strengthen cases and demonstrate how widespread the harm was.

Is It Worth Filing a Class Action Lawsuit?

In order to decide if joining or filing a class action lawsuit is beneficial and the best course of action, you need to carefully consider the potential benefits and possible drawbacks.

Potential benefits include:

• Shared resources and costs: These lawsuits distribute legal costs among many people who have similar claims. This makes litigation very feasible, especially for those who have smaller claims.
• Access to quality lawyers: These suits often attract skilled, experienced attorneys who specialize in complicated cases against large companies, and these lawyers could be out of the reach of those who pursue individual claims.
• Increased uniformity and efficiency: By consolidating multiple claims into one case, the legal process can be streamlined, ensuring that all class members end up with consistent resolution.
• More negotiating power: United fronts against defendants can lead to superior settlement terms and possibly more compensation than what plaintiffs might recover separately.
• Equitable compensation distribution: Awarded judgments or settlements are usually fairly distributed among you and the other class members based on the damages suffered. Distribution of funds is regulated by the Class Action Fairness Act of 2005. The Class Action Fairness Act of 2005 ensures fairness to every party involved.
• Holding defendants accountable: These lawsuits are powerful tools which can seek justice and hold government agencies or large corporations accountable for actions, potentially deterring misconduct in the future.
• Reduced legal complexity: The legal process for an individual is simplified by a class action. Lead counsel will manage most of the case’s aspects.
• Potential for bigger settlements: Defendants who face class actions could be more willing to settle in order to avoid negative publicity and a large judgment. This can lead to possibly bigger settlements.

Potential drawbacks include:

• Possibly smaller individual payouts: Depending on the case type and if a judgment or settlement gets divided among a lot of claimants, individual payouts might be lower than what plaintiffs could obtain in individual lawsuits.
• Lost individual control: Decisions about settlement negotiations and legal strategy are usually handled by lead plaintiffs and their lawyers rather than individual class members.
• Lengthy legal processes: These suits can be lengthy. They can take several years to resolve because of appeals, discovery and complexity.
• Not all cases are suitable: Not all instances of harm are best addressed through class actions. Some cases could be more suited for individual lawsuits, especially when substantial individual damages are involved.

In summary, whether it’s worth it or not to file or join a class action depends on your case’s specific circumstances, individual priorities and possible benefits relative to filing an individual lawsuit instead. It is highly recommended to consult with an experienced lawyer in order to understand your legal options and determine the best path forward.

Contact Our California Class Action Lawyers Today

If you or a loved one has been harmed by a company, our attorneys can provide you with a free consultation. We will listen to your story, evaluate your case and let you know whether it makes more sense for you to file a class action lawsuit or an individual lawsuit.

If you or a loved one was harmed by a company, we can help you recover compensation for medical bills, lost wages, pain, suffering and more in cases involving:

• Personal injury
• Defective products
• Defective medical devices
• Dangerous drugs
• Hazardous exposure
• And more

We have been helping those injured by companies since 1990 and have recovered over $750,000,000 for clients.

We won’t charge you any fee to handle your class action or individual lawsuit until we win your case. The only fee we ever charge is a percentage of any compensation recovered.

Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one has suffered harm because of the actions of a company.