Determining Class Maintainability in California

In City of San Jose v. Superior Court, the California Supreme Court incorporated the class certification provision of Rule 23(c)(1) of the Federal Rules of Civil Procedure into California class action practice. The author examines how -the federal courts have construed Rule 23(c) (1), analyzes the practical aspects and underlying policy issues of the class determination, and suggests a method of procedure for California trial courts in light of this recent supreme court directive