Carlson

Petitioners, five named plaintiffs in a class action, seek “an appropriate peremptory extraordinary writ-prohibition, mandate, and/or certiorari” to compel respondent superior court to vacate an order made April 16, 1973, allowing service by real party in interest Southern California Edison Company (hereafter defendant) of what the parties have styled “alternative” deposition subpoenas upon unnamed members of the class on whose behalf the instant action was brought.

Briefly, the procedural background of this action is as follows. Petitioners (hereafter named plaintiffs), on behalf of themselves and all other persons similarly situated (hereafter unnamed plaintiffs), brought a class action against defendant claiming damages for trespass and nuisance and seeking a permanent injunction. The complaint alleges that named and unnamed plaintiffs comprise a class of approximately 1,500 persons who own boats which are moored in King Harbor in the City of Redondo Beach; that in the course of the normal operation of a steam power plant by defendant great quantities of particulate pollutants are discharged into the air and fall upon and cause damage to the boats owned by members of…

I dissent.

The majority holds that the order of the trial court for submission to unnamed plaintiffs of a notice requiring them to appear for a deposition in response to a personally served subpoena or arrange for some date or time other than that specified or execute a waiver of participation in the *652 class action at the discovery: stage is so derogatory of the class action procedure as to amount to an abuse of discretion requiring vacation of the order. I do not agree that the order is objectionable, much less that it is an abuse of discretion.

The inherent complexity of class actions requires the establishing of procedures calculated-to expedite their conclusion with due. consideration to the rights of all concerned, not only the named parties plaintiff and their attorneys but the .unnamed parties plaintiff, the defendants and the courts. It is conceded that the letter in question fully and fairly explains the nature of the action in general, the deposition procedure and the options of the unnamed parties. The either/or nature of the communication in no way compels action not otherwise required by the mere service of the subpoena. It merely offers the one served with the…

Rollin E. Woodbury, Chase, Rotchford, Drukker & Bogust, William C. Falkenhainer and David Clark for Real Party in Interest.

OPINION

THE COURT.

Petitioners, five named plaintiffs in a class action, seek "an appropriate peremptory extraordinary writ-prohibition, mandate, and/or certiorari" to compel respondent superior court to vacate an order made April 16, 1973, allowing service by real party in interest Southern California Edison Company (hereafter defendant) of what the parties have styled "alternative" deposition subpoenas upon unnamed members of the class on whose behalf the instant action was brought.

Briefly, the procedural background of this action is as follows. Petitioners (hereafter named plaintiffs), on behalf of themselves and all other persons similarly situated (hereafter unnamed plaintiffs), brought a class action against defendant claiming damages for trespass and nuisance and seeking a permanent injunction. The complaint alleges that named and unnamed plaintiffs comprise a class of approximately 1,500 persons who own boats which are moored in King Harbor in the City of Redondo Beach; that in the course of the normal operation of a steam power plant by…