OCCIDENTAL LAND, INC. v. SUPERIOR COURT

Docket No. L.A. 30556.

18 Cal.3d 355 (1976)

556 P.2d 750

134 Cal. Rptr. 388

OCCIDENTAL LAND, INC., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FRED FAHNESTOCK, Real Party in Interest.

Supreme Court of California.

November 29, 1976.


Attorney(s) appearing for the Case

COUNSEL

O'Melveny & Myers, Allyn O. Kreps, Robert J. White and Matthew T. Kirby for Petitioner.

No appearance for Respondent.

Wenke, Burge & Taylor, John R. Schilling and Daniel Nishiyama for Real Party in Interest.


OPINION

MOSK, J.

We consider whether the trial court abused its discretion in ruling that a group of homeowners in a planned development subdivision may maintain a class action against the developer for fraudulently misrepresenting the cost and extent of maintenance of the project. Applying the principles enunciated in Vasquez v. Superior Court (1971) 4 Cal.3d 800 [

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