Simons

J.— In a class action for damages and an injunction under the California Resale Royalties Act, Civil Code section 986 (the Royalties Act), the trial court entered judgment against the defendant class, ordering each defendant class member to account for and pay each member of the plaintiff class commissions due on sales of fine art in California occurring from January 1, 1977, to the date of the judgment. From this judgment Benjamin Horowitz appeals, both as an individual and on behalf of the defendant class.

I

The Royalties Act provides for the payment of a 5 percent commission or royalty on the resale in California of a work of fine art. This royalty is to be paid to the artist or his agent; but if the seller is unable to locate and pay the artist within 90 days, the royalty is to be given to the Arts Council, to be held in trust for the artist for a seven-year period. If the artist is not located or does not file a claim within that period, his right to the money terminates, and the money is transferred to the Arts Council for its use. Several important exceptions in the act exclude various sales, resales and transfers under certain circumstances; these do not concern…