California, United States of America
The following excerpt is from Rosack v. Volvo of America Corp., 119 Cal.App.3d 554, 174 Cal.Rptr. 335 (Cal. App. 1981):
From our review of the statute and cases, we conclude that an appeal from an intermediate order on class certification violates the "final judgment rule" set forth in Code of Civil Procedure section 904.1 unless the order disposes of the entire action. A party seeking an earlier appellate review of an order on class certification must rely on a writ of mandate as provided in Code of Civil Procedure sections 1085 and 1086. We caution, however, as did the court in Hogya v. Superior Court (1977) 75 Cal.App.3d 122, 142 Cal.Rptr. 325, that "willingness to consider the denial (or granting) of class certification before trial should not be construed as a right to review of such an order in every case." (Id. at 132, 142 Cal.Rptr. 325; emphasis in original.) The general principles thoroughly discussed in Hogya require "an individual determination in each case, upon examination of both facts and issues, whether review by use of prerogative writs should be afforded." (Id. at 132, 142 Cal.Rptr. 325.)
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