Wagner

MEMORANDUM *

Plaintiffs J. Richard Wagner and Kristin Schwall sued Professional Engineers in California Government (PECG) and the California State Controller under 42 U.S.C. § 1983 . They challenged the manner in which PECG and the state collected “fair share fees” from state employees, like themselves, who are not members of PECG but who nevertheless are represented by PECG for collective-bargaining purposes. Plaintiffs then moved to certify a class of plaintiffs under Federal Rule of Civil Procedure 23(a). The proposed class consisted of “all individuals who, at any time since April 1, 1999, (a) were ‘state *595 employees’ in a bargaining unit represented by PECG, (b) were not union members, and (c) had ‘fair share fees’ seized from their pay.” The district court denied class certification, concluding that Plaintiffs and their counsel did not satisfy the requirements of typicality, see Fed.R.Civ.P. 23(a)(3), and adequacy, see Fed.R.Civ.P. 23(a)(4). Plaintiffs brought this interlocutory appeal. We reverse and remand for further proceedings.

I. Adequacy

The district court concluded that Plaintiffs did not satisfy the requirement of adequacy, based on a potential conflict of…