Frieman
Frieman v. San Rafael Rock Quarry, Inc.
Opinion
Opinion
Marchiano, J.
Jonathan Frieman and Jan Brice appeal from the denial of their motion for class certification in their action against defendant San Rafael Rock Quarry, Inc. (the Quarry) alleging nuisance and violations of the Unfair Practices Act (Bus. & Prof. Code, § 17000 et seq.). Plaintiffs seek nonrestitutionary disgorgement of profits under the guise of a class action. We agree with the trial court’s determination that plaintiffs failed to establish that a class action would be substantially beneficial and affirm.
BACKGROUND
Plaintiffs Jonathan Frieman and Jan Brice are individuals who reside near the Quarry. They filed a complaint, on behalf of themselves and all those similarly situated alleging that since 1982, the Quarry has operated in violation of multiple zoning, mining, environmental and health, and safety regulations, codes and statutes.
According to the complaint and attached documents, the Quarry has been operating on the tip of the Point San Pedro Peninsula, adjacent to the City of San Rafael since approximately 1900. In 1982, the former owners of the Quarry submitted an amended reclamation plan pursuant to the Surface Mining and Reclamation Act of 1975. (Pub.…