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FRIEMAN v. SAN RAFAEL ROCK QUARRY, INC.

No. A101294.

10 Cal.Rptr.3d 82 (2004)

116 Cal.App.4th 29

Jonathan FRIEMAN et al., Plaintiffs and Appellants, v. SAN RAFAEL ROCK QUARRY, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division One.

February 24, 2004.

Attorney(s) appearing for the Case

Patricia E. Henle, Law Offices of Patricia E. Henle, Alan R. Brayton, Gilbert L. Purcell, Lloyd F. LeRoy, David L. Fiol, Brayton Purcell, Peter Fredman, Novato, for Plaintiffs/Appellants, Frieman et al.

John M. Taylor, Derek P. Cole, Taylor & Wiley, for Defendant/Respondent, San Rafael Rock Quarry, Inc.

MARCHIANO, P.J.

Jonathan Frieman and Jan Brice appeal from the denial of their motion for class certification in their action against defendant San Rafael Rock Quarry, Inc. (the Quarry) alleging nuisance and violations of the Unfair Practices Act. (Bus. & Prof.Code, § 17200 et seq. (UCL).)1 Plaintiffs seek nonrestitutionary disgorgement of profits under the guise of a class action...

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