Consequences of the Courts’ More Liberal Approach to the Admission of Relevant Evidence at the Authorization Stage

The following article is an overview of recent caselaw where, at the authorization stage, the court took into consideration relevant evidence which had been authorized by the case management judge to assess the criteria contained in Article 1003 CCP. The overview reveals that the relevant evidence adduced brought to light elements that proved to be determinative in the court’s decision in that, if they had been denied as relevant evidence, authorization of the class action would likely have been granted and it would only have been discovered later that the action was ill-founded at the outset.