In addition, figure 1 shows that the percentage of cases that disposed with a certified class decreased by more than 50% from 2000 to 2005. This finding is also consistent with observations in the federal jurisdiction, which saw a similar decrease in certification rates between 1996 and 2006.15 40%
30%
20%
10%
0% 2000
2001
2002
2003
2004
2005
Figure 1. Certified cases as percentage of disposed cases originally filed as class actions16 Cases with No Certification Activity The overall infrequency of class certification is driven by the large number of cases filed as class actions in which there was no class certification activity prior to disposition. For these cases, the only indicators that the case was ever considered a class action were the plaintiff‘s selection of the ―This is a class action case‖ checkbox on the Civil Case Cover Sheet, inclusion of the words ―Class Action‖ on the face of the complaint, or reference to a class definition in the original filing. These cases had no subsequent court activity in furtherance of class certification after some sort of class claim was posited in the initial filing, and proceeded through litigation without any sign that the class certification decision was ever brought to bear in the case. The overall rate of disposed cases with unaddressed class action claims in the study sample was 73%. This is significantly higher than the 57% rate found in federal court.17 Looking at certification activity by year in table 2, the data show that the percentage of California cases with no certification activity was similar to the percentage in federal court in 2000 but rose steadily to over 80% of cases filed in 2005. 15
―The FJC‘s 1996 research . . . reported a class certification rate of 37%. . . . While the study methods were different, comparing data from the current study and the 1992–1994 study suggests that the rate of class certification as a whole most likely had declined in the past decade.‖ Willging & Wheatman, supra note 12, at p. 606, fn. 37. 16 See appen. A, table A.1 for full data. 17 Willging & Wheatman, supra note 12, at p. 606.
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