Hebbard

This case reaches us on an appeal by the plaintiffs following a limited order of dismissal as to each of the causes of action contained in plaintiffs’ third amended complaint. The limited order of dismissal followed the sustaining of a demurrer without leave to amend “insofar as said alleged causes of action and each of them purport or attempt to set forth a so-called ‘class action.’ ”

The trial court, in addition to sustaining the demurrer struck from the complaint various allegations in support of the maintenance of a class action. The trial court also sustained a special demurrer for uncertainty as to certain allegations of the complaint.

The order of partial dismissal eliminating the class action aspect of the case while sustaining the complaint as to the individual plaintiffs’ claims is appealable as a final judgment. (See Slakey Brothers Sacramento, Inc. v. Parker, 265 Cal.App.2d 204 [ 71 Cal.Rptr. 269 ]; Daar v. Yellow Cab Co., 67 Cal.2d 695 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ].)

The individually named plaintiffs in this action are beneficiaries of two trusts. These trusts were created by defendant C. W. Colgrove and his wife Jennie D. Colgrove. The trustees are…