What is the test for dismissing a class action?
California, United States of America
The following excerpt is from Hamwi v. Citinational-Buckeye Inv. Co., 140 Cal.Rptr. 215, 72 Cal.App.3d 462 (Cal. App. 1977):
Consistent with its findings of fact, the trial court entered its judgment dismissing the action 'without prejudice . . . as to the unnamed members of the class only . . ..' This appeal from that appealable judgment (Wechsler v. Laskey-Weil, Inc. (1974) 42 Cal.App.3d 728, 729, 117 Cal.Rptr. 237) followed.
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