Metowski

Fifty named plaintiffs sue individually and as members of a class consisting of themselves and 100,000 other purchasers of Fotron cameras. Demurrers to plaintiffs’ third amended complaint were sustained. The trial court held that plaintiffs could not maintain a class action, sustained demurrers without leave to amend to -that aspect of plaintiffs’ pleading and entered judgment of dismissal of the class suit. Plaintiffs appeal from the judgment. Thus, we are called upon to determine whether the trial court erred in sustaining the demurrer on the ground the complaint did not meet the requirements of a class action.

The complaint sets forth four causes of action on behalf of the class, based upon theories of express warranty, implied warranty of fitness, implied warranty of merchantability, and fraud or deceit. It is alleged that defendant is a California- corporation which manufactures and sells Fotron electronic cameras. On and after December 31, 1966, plaintiffs purchased cameras from defendant, all members of the class entering into identical installment contracts. The time sale price on all contracts was $491.60. Identity of the members of the class can be ascertained,…