Shapell Industries, Inc. v. Superior Court

INTRODUCTION

Petitioners Shapell Industries, Inc. and Shapell Industries Escrow challenge the respondent superior court’s order granting a motion for leave to file a second amended complaint adding a new plaintiff as an individual and as the representative plaintiff of an uncertified class. Shapell contends the trial court lacked subject matter jurisdiction to allow the second amended complaint to be filed to add a new plaintiff, real party in interest Allan Stark, because the original plaintiff, Steven J. Borecki, had voluntarily dismissed himself as a party to the action, after attempting to name Stark as a coplaintiff in a first amended complaint without first obtaining leave of court. According to Shapell, Borecki dismissed the entire action, thus divesting the trial court of subject matter jurisdiction. Shapell further contends that neither Stark nor Borecki had standing to seek leave to file a second amended complaint because the voluntary dismissal removed Borecki from the action and Stark was never properly made a party to the action.

We issued an order to show cause in this original proceeding. We now conclude that the order of dismissal pertained to Borecki…