National Solar Equipment Owners' Ass'n v. Grumman Corp.

—Plaintiff National Solar Equipment Owners’ Association, Inc. (the Association), as a representative of its individual members, appeals from the trial court’s order denying class certification. Such an order is appealable. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 [ 174 Cal.Rptr. 515 , 629 P.2d 23 ].) We find the trial court erroneously relied on certain criteria in reaching its conclusion, and therefore reverse.

Facts

The parties before us cannot even agree on what the plaintiff is. The Association asserts it is a nonprofit corporation “formed for the express purpose of protecting and pursuing the rights of its members against the numerous defendants in this action.” Defendants characterize the Association as something far more sinister, asserting it was formed by five financial planners who, “fearing their own liability . . . , founded the [Association] so as to maintain control over the direction of almost certain lawsuits.” The above disagreement is but one example proving that, although this is not a criminal case, it hardly has been a civil one either.

The Association filed suit in March 1985 “in a representative capacity on behalf of its…