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RICHMOND v. DART INDUSTRIES, INC.

Docket No. S.F. 24225.

29 Cal.3d 462 (1981)

629 P.2d 23

174 Cal. Rptr. 515

HAROLD H. RICHMOND et al., Plaintiffs and Appellants, v. DART INDUSTRIES, INC., et al., Defendants and Respondents; TAHOE DONNER ASSOCIATION, Intervener and Respondent.

Supreme Court of California.

June 15, 1981.

Attorney(s) appearing for the Case

COUNSEL

Harold A. Berliner, Richard F. Ellers, James L. Porter and Wood, Porter & Simon for Plaintiffs and Appellants.

Severson, Werson, Berke & Melchior, Kurt W. Melchior, Jan T. Chilton, Kronick, Moskovitz, Tiedemann & Girard, Adolph Moskovitz and James E. Thompson for Defendants and Respondents.

Lawrence L. Hoffman and Hoffman & Linde for Intervener and Respondent.

OPINION

BIRD, C.J.

May a trial court deny a motion to certify a class if the defendants are able to show there was antagonism to the lawsuit on behalf of some absent class members? A secondary issue centers on whether the plaintiffs' prayer for rescission and punitive damages prevents the use of a class action suit.

I.

Tahoe Donner Subdivision is a recreational home site...

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