Can a class action be brought against a party who has been evicted from a home where personal property has been placed in storage pursuant to a writ of possession?

California, United States of America


The following excerpt is from Gray v. Whitmore, 14 Cal.App.3d 784, 92 Cal.Rptr. 505 (Cal. App. 1971):

Here, both plaintiffs and petitioner purported to sue on behalf of all similarly situated persons. Evicted thenants whose personal property has been placed in storage pursuant to a writ of possession and who claim that such property is exempt from execution under section 690 constitute an ascertainable class. Such persons also have a well-defined community of interest in the questions of law whether the statutory exemption is good as against the procedures provided for in section 1174 and whether those procedures are constitutional. Accordingly, we conclude that the class actions were proper.

The judgment in Gray v. Whitmore (1 Civ. 27565) 7 is affirmed.

Page 518

The judgment in Dionio v. Carberry (1 Civ. 28540) 8 is affirmed.

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