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CARABINI v. SUPERIOR COURT

Docket No. G015352.

26 Cal.App.4th 239 (1994)

31 Cal. Rptr.2d 520

LOUIS E. CARABINI et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; DELORIS DICKENSON KING et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 28, 1994.

Attorney(s) appearing for the Case

COUNSEL

Farella, Braun & Martel, Neil A. Goteiner, Maria E. Rodriguez, Raring & Lipoff, Eric G. Lipoff and L. Louis Raring for Petitioners.

No appearance for Respondent.

Greenbaum & Ferentz, Jeff Dennis Ferentz and Keith J. Hollis for Real Parties in Interest.

OPINION

RYLAARSDAM, J.*

(1) In this case we hold an order certifying a class action should only be made upon proper notice and subject to the right of an opposing party to submit evidence in opposition. This is true whether the issue arises on the motion of a party or on the court's own motion.

This purported class action arises out...

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