Pull/Opt Out (Lead Plaintiff) from Class Action

josephlys

New Member
Jurisdiction
California
Situation:
My girlfriend who was persuaded by her superior and attorneys, signed an agreement to be a lead plaintiff (representative) of a class action lawsuit against an online company in California CA. So now she and her work superior will be the Lead Plaintiffs of the class action (2 Lead Plaintiffs ??).

This could turn into a long arduous case with potential backfire of a sanction given to them by the defendant, although low still not a necessary risk. The hassle imho is not really worth it. Her decision was quite rushed because the superior and attorney wanted to file it the next day. Today after discussing and rethinking it through she does not want to be a Lead Plaintiff anymore, so she sent a notice via email to the attorney. She got a reply saying her name is already filed?

Q:
What can she do to pull out/ opt out of this. She is not trying to terminate the whole thing for them she just doesn't want to be involved. Can she maybe pass the position to someone else who wants it.
The lawyers say its filed but it's been only a day and im sure its not certified by court or approved yet. So I'd be grateful if I can get some advice for my girlfriend please. Thank you.
 
What can she do to pull out/ opt out of this.

She can simply send a letter to her attorney notifying the firm that she wishes to drop out of the lawsuit.

She should send th letter to the firm via FedEx, UPS, or USPS Priroity Mail so that she can tracke the letter and the date of delivery.

She should call the firm and email the firm simply indicating that on XX day of October, 2017 she drops out of the lawsuit and dismisses the firm.

Caution, if she does that, she might get a bill for the work performed and time invested by the firm on her behalf.

Again, she should discuss that with her lawyer for specifics.

If any of this concerns her, she do nothing and let the saga play out a few more weeks before pulling the pin.
 
Caution, if she does that, she might get a bill for the work performed and time invested by the firm on her behalf.

Again, she should discuss that with her lawyer for specifics.

If any of this concerns her, she do nothing and let the saga play out a few more weeks before pulling the pin.

Thank you for the reply, much appreciated. Still curious about some things like,
Why would she be billed is it fair? The work was performed for the other plaintiff and the class members as well. She just doesn't want to be a representative anymore it's not like the attorney is dismissed. If they let her go then she will be billed the hours up until she stops being a plaintiff? Agreement says "can terminate agreement if you give notice" but why billed. The case would still proceed.
Seems strange as she didn't incur much if any cost (they just filed her name and her superior's). If she terminates her agreement to be a plaintiff, will they charge her 10hrs of fees? has been over a day could it run up to thoundsands of dollars that doesn't seem fair.
Thank you so much.
 
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she and her work superior will be the Lead Plaintiffs of the class action

Will be? Sounds like they already are.

This could turn into a long arduous case with potential backfire of a sanction given to them by the defendant, although low still not a necessary risk.

Huh?

She got a reply saying her name is already filed?

Despite your use of a question mark, this sentence isn't a question. If you intended a question, I cannot discern what you intended to ask.

What can she do to pull out/ opt out of this. She is not trying to terminate the whole thing for them she just doesn't want to be involved. Can she maybe pass the position to someone else who wants it.

She'll need to discuss the matter with her attorney.

The lawyers say its filed but it's been only a day and im sure its not certified by court or approved yet.

The class action won't be certified yet, but that doesn't really mean a whole heck of a lot if, in fact, the complaint has been filed.

I'd be grateful if I can get some advice for my girlfriend please.

Only her attorney can properly give her advice.

Why would she be billed is it fair?

She may or may not be billed. No one here knows the terms of whatever written retainer agreement she signed. Suffice to say that, if there were not two representative plaintiffs, the lawyer might not have been willing to do any work or file the lawsuit. There are way too many unknowns for anyone to address questions about billing intelligently.
 
Thank you all. I'm just concerned for her. I just want to make sure she decides carefully and be aware of everything. She will discuss the cost of withdrawing and the pros and cons with her lawyer.

I'm a bit confused 14. Is this Sanction given to Plaintiff by Court for the defendant. want to be sure who is the opposing party, the counsel, the client. If I'm not mistaken its plaintiff, defendant, and plaintiff in that order?

14. Sanctions Awarded by Court or Arbitrator. Client acknowledges and understands that in litigated cases, the Court or an arbitrator may award "sanctions" against the opposing party(ies) and/or their attorney(s) for discovery or other abuses. Such sanctions are typically awarded to compensate counsel for extraordinary time and effort in compelling the other side to act or respond appropriately.
Any sanction awarded by the court is the property of Attorneys, and is not considered to be part of recovery by or on behalf of Client. If such an award includes a Cost item, such as a filing fee, then such Cost item will be credited to the Client's bill; if such sanction includes an attorneys' fee fro hours spent that are billable to Client, Attorneys, in their sole discretion may elect to credit part or all of such award to Client's bill; the remainder of any such sanction remains the property of Attorneys.

I've no idea if it's a good idea to stay in or pull out. Appreciate all the advice given thank you.
 
I'm a bit confused 14. Is this Sanction given to Plaintiff by Court for the defendant. want to be sure who is the opposing party, the counsel, the client. If I'm not mistaken its plaintiff, defendant, and plaintiff in that order?

Is this language from the retainer agreement between the lawyer and your friend?

If so, I'm not entirely sure I understand your question. The first sentence of the first paragraph of the quote acknowledges the fact that, under certain circumstances, the court or an arbitrator might order sanctions against one or more parties and/or attorneys. The second sentence explains one possible justification for awarding sanctions. The second paragraph says that, if sanctions are awarded against an opposing party or lawyer, the money belongs to the attorney, and the attorney may or may not use the money to offset certain costs incurred. Does that answer your question?
 
Sorry for not being clear. I stated that I was confused with no.14 agreement. Is the Plaintiff the opposing party? The ones who brought the class action.
The Counsel is the defendant?
Is the no.14 there to say that the Plaintiffs might get a sanction. Or is it trying to say either party might get penalties?
Thank you very much
 
Sorry for not being clear. I stated that I was confused with no.14 agreement. Is the Plaintiff the opposing party? The ones who brought the class action.
The Counsel is the defendant?
Is the no.14 there to say that the Plaintiffs might get a sanction. Or is it trying to say either party might get penalties?
Thank you very much


The person you are posting for should speak with an attorney or two in your county.

No one can properly advise you without reading the entire agreement, which is what an attorney will do for a fee.

If that is unsuitable, the person you appear to represent should discuss options with the attorney of record.
 
Sorry for not being clear. I stated that I was confused with no.14 agreement.

I have no idea what "no. 14 agreement" means. That's why I asked, "Is this language from the retainer agreement between the lawyer and your friend?" Unfortunately, you chose not to answer my question.

Is the no.14 there to say that the Plaintiffs might get a sanction.

"Is the no. 14" where? In other words, where are you getting the words that you quoted?

Maybe this time you'll answer....
 
no 14. is one part of the agreement between client and attorney. Just one paragraph about sanctions awarded. Its in the retainer agreement. typed out word for word.
goes like this:

14. Sanctions Awarded by Court or Arbitrator. Client acknowledges and understands that in litigated cases, the Court or an arbitrator may award "sanctions" against the opposing party(ies) and/or their attorney(s) for discovery or other abuses. Such sanctions are typically awarded to compensate counsel for extraordinary time and effort in compelling the other side to act or respond appropriately.
Any sanction awarded by the court is the property of Attorneys, and is not considered to be part of recovery by or on behalf of Client. If such an award includes a Cost item, such as a filing fee, then such Cost item will be credited to the Client's bill; if such sanction includes an attorneys' fee fro hours spent that are billable to Client, Attorneys, in their sole discretion may elect to credit part or all of such award to Client's bill; the remainder of any such sanction remains the property of Attorneys.

sorry for the confusion
 
no 14. is one part of the agreement between client and attorney.

Thank you.

That being the case, I have already explained what the quoted language means: "The first sentence of the first paragraph of the quote acknowledges the fact that, under certain circumstances, the court or an arbitrator might order sanctions against one or more parties and/or attorneys. The second sentence explains one possible justification for awarding sanctions. The second paragraph says that, if sanctions are awarded against an opposing party or lawyer, the money belongs to the attorney, and the attorney may or may not use the money to offset certain costs incurred."
 
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