Can a plaintiff maintain an appeal of a denial of class certification against a motion to dismiss the action?

2 Our decision in Jordan v. County of Los Angeles, 669 F.2d 1311 (9th Cir.1982), vacated on other grounds, 459 U.S. 810, 103 S.Ct. 35, 74 L.Ed.2d 48 (1982), rev'd on other grounds on remand, 713 F.2d 503 (9th Cir.1984), amended on remand, 726 F.2d 1366 (9th Cir.1984), is not to the contrary. In Jordan, we held that a plaintiff, whose individual claims for damages had been settled, could maintain an appeal of the trial court's denial of class certification where an attempt by members of the putative class to intervene clearly demonstrated the existence of a live controversy, and where the settlement agreement had not resolved the plaintiff's claim for injunctive relief so that he still had a personal stake in the outcome of the litigation. Id. at 1316-17. Although a final judgment was entered in the trial court, there is no indication in that decision that the parties had stipulated to a voluntary dismissal of the action.