Legal Question in Business Law in California

Can five plaintiffs file a lawsuit together?

Five individuals including myself were ripped off by the same company under different (but blatantly fraudulent) circumstances. Can we file our lawsuit together without it being considered a class action suit?

Asked on 5/08/08, 4:12 pm

5 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

Re: Can five plaintiffs file a lawsuit together?

Multiple plaintiffs can file a single lawsuit, but only where their claims arise from the same set of facts. Since you say the five potential plaintiffs were each cheated under different circumstances, five separate lawsuits would probably be more appropriate.

Read more
Answered on 5/08/08, 4:19 pm
0 users found helpful
0 attorneys agreed

Re: Can five plaintiffs file a lawsuit together?

Basis answer is Yes, you can. However, depending on your individual facts and circumsances (similarities and dissimilarities) the court may separate them into separate actions. The only way to find out for certain is to try (even if technically they should be separated, the defendant may not ask for it and therefore the judge may just ignore that possibility).

Read more
Answered on 5/08/08, 4:20 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES
0 users found helpful
0 attorneys agreed

Re: Can five plaintiffs file a lawsuit together?

Yes, Good idea. Contact me directly.

Read more
Answered on 5/08/08, 4:58 pm
Gregg Gittler GITTLER & BRADFORD
0 users found helpful
0 attorneys agreed

Re: Can five plaintiffs file a lawsuit together?

You can, but should not unless there is a firm agreement among the 5 of you as to (a) how to share the fees and costs of litigation, and (b) how to divide any recoveries. Otherwise, with 5 of you each having a separate claim arising under different facts, the 5 of you would be competing with each other to recover from the same asset pool, which would create a conflict of interest for a single lawyer to handle. Also, any lawyer agreeing to represent all five of you under a fee/recovery sharing agreement must advise each of you of your right to seek independent legal counsel.

Read more
Answered on 5/08/08, 8:00 pm
Gregg Gittler GITTLER & BRADFORD
0 users found helpful
0 attorneys agreed

Re: Can five plaintiffs file a lawsuit together?

You can, but should not unless there is a firm agreement among the 5 of you as to (a) how to share the fees and costs of litigation, and (b) how to divide any recoveries. Otherwise, with 5 of you each having a separate claim arising under different facts, the 5 of you would be competing with each other to recover from the same asset pool, which would create a conflict of interest for a single lawyer to handle. Also, any lawyer agreeing to represent all five of you under a fee/recovery sharing agreement must advise each of you of your right to seek independent legal counsel.

Read more
Answered on 5/08/08, 8:00 pm

Related Questions & Answers

More Business Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88413 active attorneys ready to answer your legal questions today.

Business Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now