Bartold

These two appeals arise out of an action by four individual plaintiffs, Jo-Ann Bartold, Kurt Krasne, Dov Hopenstand and Charles Cohen, against Glendale Federal Bank and Verdugo Service Corporation for failure to reconvey their trust deeds as required by Civil Code section 2941. The first appeal, by Bartold, Krasne and Hopenstand, is from the trial court’s denial of the plaintiffs’ motion to certify a class action; the second is from the summary judgment granted against two of the individual plaintiffs, Cohen and Hopenstand, and for denial of discovery on class issues. The action continues on behalf of the two remaining individual plaintiffs, Bartold and Krasne. Upon reconsideration of appellants’ motion to consolidate these two cases, twice denied by this court without prejudice, we consolidate the cases and issue one opinion.

We find the trial court erred in refusing to certify the class, should have allowed discovery on class issues, and erroneously granted summary judgment against Cohen and Hopenstand. Accordingly, we reverse both judgments.

Statutory Background

Financing or refinancing of real property is generally accomplished in California through a deed of…