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HOME SAV. & LOAN ASSN. v. SUPERIOR COURT

Docket No. 44416.

42 Cal.App.3d 1006 (1974)

117 Cal. Rptr. 485

HOME SAVINGS AND LOAN ASSOCIATION, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LAWRENCE H. DEUTSCH et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Two.

November 7, 1974.

Attorney(s) appearing for the Case

COUNSEL

McKenna, Fitting & Finch, McKenna & Fitting, Aaron M. Peck, Roger P. Heyman and Leo J. Weinstein for Petitioner.

No appearance for Respondent.

Lawrence H. Deutsch, in pro. per., Robert L. Finkel and David Daar for Real Parties in Interest.

Sheppard, Mullin, Richter & Hampton, George R. Richter, Jr., Pierce T. Selwood, Joseph M. Malinowski, Styskal, Wiese & Melchione, Alvin O. Wiese, Jr., Gibson, Dunn & Crutcher and Robert S. Warren as Amici Curiae on behalf of Petitioner.

OPINION

FLEMING, J.

Home Savings and Loan Association, defendant in a class action for damages and declaratory relief arising from loan-agreement late charges,1 seeks to prohibit the superior court from determining the substantive validity of claims of the named plaintiffs, Lawrence and Rita Deutsch, prior to a determination of the suitability of the action as a class action and determination of the composition...

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