Docket No. S.F. 23055.

12 Cal.3d 447 (1974)

525 P.2d 701

115 Cal. Rptr. 797

CITY OF SAN JOSE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; LANDS UNLIMITED et al., Real Parties in Interest.

Supreme Court of California. In Bank.

September 6, 1974.

Attorney(s) appearing for the Case


Hoge, Fenton, Jones & Appel, Charles H. Brock and H.R. Lloyd, Jr., for Petitioner.

Burt Pines, City Attorney, Milton N. Sherman, Assistant City Attorney, James H. Pearson and Ronald J. Einboden, Deputy City Attorneys, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Morgan, Beauzay & Hammer, W. Robert Morgan, Becklund, Siner, Taketa & Salle, Goldstein, Barceloux & Goldstein, J. William Dawson, Fadem, Kanner, Berger & Stocker and Michael M. Berger for Real Parties in Interest.



We are called on to determine whether the trial court abused its discretion in certifying this case to proceed as a class action.

Plaintiffs, real parties in interest, filed an action against petitioner-defendant, City of San Jose,1 on behalf of themselves and all real property owners situated in the flight pattern of the San Jose Municipal...

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