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FIRESIDE BANK v. SUPERIOR COURT

No. S139171.

56 Cal.Rptr.3d 861 (2007)

40 Cal.4th 1069

155 P.3d 268

FIRESIDE BANK, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Sandra Gonzalez, Real Party in Interest.

Supreme Court of California.

April 16, 2007.

Attorney(s) appearing for the Case

Severson & Werson, Jan T. Chilton and Mark D. Lonergan, San Francisco, for Petitioner.

Leland Chan, San Francisco, for California Bankers Association as Amicus Curiae on behalf of Petitioner.

Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Kemnitzer, Anderson, Barron & Ogilvie, Carol McLean Brewer, Andrew J. Ogilvie, San Francisco; Alexander Community Law Center and Scott C. Maurer for Real Party in Interest.

WERDEGAR, J.

A largely settled feature of state and federal procedure is that trial courts in class action proceedings should decide whether a class is proper and, if so, order class notice before ruling on the substantive merits of the action. (See Green v. Obledo (1981) 29 Cal.3d 126, 146, 172 Cal.Rptr. 206, 624 P.2d 256 (Green); Fed.

Rules Civ.Proc, rule 23(c)...

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