Eaton

This is an appeal from a judgment of dismissal of unnamed plaintiffs based upon an order determining that the instant action may not be maintained as a class action.

Plaintiffs are members of an organization known as the Ventura Marina Protective Association. By unverified complaint they seek to bring a class action for declaratory relief and for damages on behalf of some 160 named members, and a class of unnamed persons described as “. . . all others similarly situated, who were owners of boats and other property damaged, and/or destroyed or lost at the Ventura Marina in San Buenaventura, California . . . .” The damage to the plaintiffs’ property allegedly occurred when, as a result of abnormally heavy rains, the Santa Clara River overflowed, flooded the marina and damaged boats and other property located there.

In addition to their class action counts plaintiffs have filed individual counts for relief in the same complaint. These individual counts for damages are unaffected by the order dismissing the class action phase and the unnamed plaintiffs from the lawsuit.

Defendants are public entities, the Ventura Port District which designed and operated the marina, the…