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VASQUEZ v. SUPERIOR COURT

Docket No. Sac. 7860.

4 Cal.3d 800 (1971)

484 P.2d 964

94 Cal. Rptr. 796

LEONARD VASQUEZ et al., Petitioners, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; RICHARD B. KARP et al., Real Parties in Interest.

Supreme Court of California. In Bank.

May 10, 1971.

Attorney(s) appearing for the Case

COUNSEL

Kelley, Livingston, Zavala, Neumark, Lowenstein & Mattison, John P. Kelley and Rushing & Clark for Petitioners.

Thomas C. Lynch, Attorney General, Charles A. O'Brien, Chief Deputy Attorney General, Herschel T. Elkins, Herbert Davis, Walter White and Andrea Sheridan Ordin, Deputy Attorneys General, Marvin S. Kayne, Stephen Shefler, Stephen J. Herzberg, Roger Jon Diamond, William F. McCabe and William D. Warren as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Severson, Werson, Berke & Melchior, Bernardus J. Smit, Cavalero, Dietrich & Bray, Sheppard, Mullin, Richter & Hampton and William A. Masterson for Real Parties in Interest.

Styskal, Wiese & Colman, Alvin O. Wiese, Jr., Latham & Watkins, Philip F. Belleville and David C. Wright as Amici Curiae on behalf of Real Parties in Interest.

OPINION

MOSK, J.

We consider whether a group of consumers who have bought merchandise under installment contracts may maintain a class action seeking rescission of the contracts for fraudulent misrepresentation on behalf of themselves and others similarly situated, against both the seller of a product and the finance company to which the installment contracts were assigned. We conclude that such an action will lie against the seller...

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