N. C. Roberts Co. v. Topaz Transformer Products, Inc.

Eight different plaintiffs (appellants) have taken appeals in their separate actions from a single judgment.

The defendants in the eight actions were Topaz Transformer Products, Inc., a corporation (Topaz) and Robert L. McLoughlin and William D. Campbell, identified hereafter. The eight actions were consolidated for trial with an action for declaratory relief (No. 273044) in which Topaz, McLoughlin, Campbell and others were plaintiffs and the eight appellants were defendants.

As was proper, a single set of findings was made and a single judgment entered covering all nine actions. (Stanton v. Superior Court, 202 Cal. 478 [ 261 P. 1001 ]; Bechtold v. Bishop & Co., Inc., 16 Cal.2d 285 [ 195 P.2d 984 ].) No appeal was filed in action No. 273044.

Each appellant was the owner of preferred and common stock of Topaz, of which in all they owned 5,950 preferred shares and 2,975 common shares. (Common shares represented by certificates outstanding at the time of commencement of the action will be referred to as “reissued new common” when necessary to distinguish them from shares represented by certificates issued earlier, which will be called “new common.”) Each appellant sought to…