Monday, March 14, 2016

Eggert lives!

4/1 publishes an opinion today on appellate standing that should be of interest to those doing class action work here. Here are some highlights:
Only a "party aggrieved may appeal" from a judgment. (Code Civ. Proc., § 902.) As a general rule, only parties of record may appeal [cite], and the courts have interpreted section 902 to require the appellant both to have been a "party" below and to have been "aggrieved" by the judgment. [Cite]
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Although unnamed class members may be deemed "parties" for the limited purposes of discovery [cite], unnamed class members are not otherwise considered "parties" to the litigation. 
Eggert [v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199] appears to be on "all fours" with the present action: both involved a class action; both involved a matter litigated to judgment; both involved a challenge to the postjudgment attorney fee award to the counsel for the named plaintiff; both involved appellants who were members of the class, but not named parties, and who had appeared through counsel to object to the attorney fee award; and both involved members who took no steps to be added as named plaintiffs. Accordingly, under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, we must adhere to Eggert and dismiss the appeal.

Also of interest today from the NLJ: Former Federal Appeals Chief Judges Urge Senate to Act on Supreme Court Nominee.