Beckstead

Today we attempt what three previous appellate opinions have failed to do, to lower the curtain on litigation begun over ten years ago. At issue is an order sustaining general demurrers without leave to amend on the ground of res judicata. Because we find the appeal frivolous and motivated solely to harass and annoy, we not only affirm the judgment but impose financial sanctions.

Background

1. On January 4, 1971, all appellants to this action (except Leo Zoldan) filed a separate lawsuit from the one presently pending against these same respondents, alleging breach of contract, restraint of trade, invalidity of certain franchise agreements and fraudulent misrepresentation. Suing both “individually ... and [on] ... behalf of all persons similarly situated ... as a class,” they sought reformation of the franchise agreements, enforcement, damages for the alleged breaches and an equitable bill of peace. On June 13, 1973, respondent, General Insurance Company of America (General), was named as a party defendant.

On May 28, 1971, the superior court in Los Angeles sustained several of respondents’ demurrers without leave to amend the class action portions of that lawsuit, but…