Kaye

Plaintiffs Samuel and Aline Kaye appeal a judgment of dismissal based on the five-year rule of Code of Civil Procedure section 583.310 and separately an order denying their motion to certify a defendant class of members of a condominium homeowners association. Consistent with the Legislature’s directive that we liberally interpret exceptions to the five-year statute, we reverse the judgment of dismissal on the ground it was “impracticable” within the meaning of section 583.340 for the Kayes to proceed to trial while a writ petition which successfully challenged the trial court’s summary adjudication of issues was pending in this court. At the same time, we reject several other arguments raised by the Kayes on issues made appealable by the dismissal judgment.

On the class certification appeal, the Kayes have conceded that joinder of individual members of the defendant Mount La Jolla Homeowners Association is necessary only because of the potential they might recover a judg ment including punitive damages which could not be satisfied by resort to the assets of the association itself. Because we believe there is no possibility of such an occurrence, we have concluded the…