Malibu Outrigger Board of Governors v. Superior Court

Petitioners seek a writ of mandamus ordering the superior court to vacate its minute order denying petitioners’ motion to dismiss its action in case No. CA 000255 (Malibu Outrigger Board of Governors, etc. v. Morris, hereinafter called Morris) and instead dismiss the action, without prejudice, pursuant to section 581 of the Code of Civil Procedure.

Petitioners concede that, because theirs is a class action, rule 470 of the superior court is applicable and requires a noticed hearing with court approval prior to entry of dismissal.

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 Cal.Rptr. 849 , 489 P.2d 1113 ], stand, to wit, the protection of the class and its members.

We agree.

Statement of Procedural Facts

Petitioners, as the board of directors of an unincorporated condominium association, and 14 owners of ocean side condominiums, filed their class action complaint on June 27, 1975, against neighboring property owners, the…