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MARCARELLI v. CABELL

Docket No. 47046.

58 Cal.App.3d 51 (1976)

129 Cal. Rptr. 509

ROBERT MARCARELLI et al., Plaintiffs and Appellants, v. CLARENCE E. CABELL, as County Clerk, etc., Defendant and Respondent.

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

May 6, 1976.

Attorney(s) appearing for the Case

COUNSEL

Hughes Hubbard & Reed, Norbert A. Schlei, Malcolm E. Wheeler, Hecht & Diamond and Roger J. Diamond for Plaintiffs and Appellants.

John H. Larson, County Counsel, and John P. Farrell, Deputy County Counsel, for Defendant and Respondent.

OPINION

KAUS, P.J.

The issue is whether a class action plaintiff may dismiss the action without court approval. More specifically, the issue is the validity — as applied to this case — of rule 470 of the Class Action Manual of the Los Angeles Superior Court, which directs the county clerk not to process requests for dismissal of class actions without such approval.

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