Reich

Appellant Bernard Reich, an attorney, filed this class action in pro. per. on behalf of himself and all others similarly situated, against defendants Club Universe, Unitours, Inc., Royal Viking Line et al. Plaintiff alleged he was a member of a class of 530 tourists who took a 30-day “Black Sea, Turkey and Greek Isles Air/Sea Cruise Holiday” operated by defendants. The quality of accommodations, meals and service allegedly failed to live up to representations.

The trial court ordered the action dismissed as to all unnamed members of the putative class, permitting the action to proceed only as to appellant’s individual cause of action. The order of dismissal was based on res judicata, it having been determined in a prior class action involving identical allegations, that appellant was disqualified to represent the class as its attorney.

The Prior Litigation

The trial court took judicial notice of the prior class action entitled Sylvia Reich v. Club Universe et al., Los Angeles Superior Court No. CA481. The named plaintiff in that case was appellant’s wife, and appellant was the attorney of record. Identical allegations concerning the tour were involved.

On December 13,…