Is a motion to dismiss this class action in its entirety abused?
California, United States of America
The following excerpt is from Malibu Outrigger Bd. of Governors v. Superior Court, 103 Cal.App.3d 573, 165 Cal.Rptr. 1 (Cal. App. 1980):
Petitioners contend, however, that the court abused its discretion in denying the motion to dismiss this class action in its entirety, because the denial runs contrary to law and frustrates the very purpose for which rule 470 and La Sala v. American Sav. & Loan Assn., (1971) 5 Cal.3d 864, 97
Page 2
We agree.
[103 Cal.App.3d 576]
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