Streatfield

Plaintiff Knox appeals from the trial court’s dismissal of his third amended complaint without leave to amend. The action was brought against defendants Streatfield, et al., for damages for and injunctive relief for alleged violations of a declaration of restrictions of the Malibu Bay Club. The action purports to be a class action.

Facts

Plaintiff Harvey Knox filed a complaint on November 14, 1975, on his own behalf and on behalf of others similarly situated. The class of persons he sought to represent are those owners of property located within the Malibu Bay Club who had allegedly been damaged by defendants. The defendants are owners, agents of said owners, or persons in possession of real property located at the Malibu Bay Club project.

Plaintiff alleged in his complaint that he, and those similarly situated, suffered damages as a proximate result of defendants’ violations of the declaration of restrictions, of which he alleges they had actual and/or constructive notice by virtue of their ownership and possession of property in the Malibu Bay Club. The original declaration of restrictions subjected only the real property shown as parcels B, B-l and B-2 in the…