Steen

Fremont Cemetery Corporation appeals from an order directing service of notice of class action to the members of respondent class, and allocating the cost of preparing such notice between appellant and respondent class in the manner specified in the order. Subsequent to the filing of the appeal, respondents Nellie Steen, Christine Scofield, Nanci McCall, Paul Johnson, Marie Metcalf, Joseph Mario Rico III, Leticia Rico, and Constance M. Pearson, filed a motion to dismiss the appeal. For reasons stated, we grant respondents’ motion and, accordingly, dismiss the appeal.

Background

On January 17, 1987, respondent class filed against appellant and other defendants a complaint for damages for wrongful cremation practices. By the time of this appeal, the complaint had been amended five times.

As amended, the complaint alleged, inter alia, that appellant operated Cedar Lawn Memorial Park (hereafter, Cedar Lawn), and that Cedar Lawn employed cremation processes and practices which resulted in the mishandling and improper disposition of the remains of thousands of decedents. As causes of action, the fifth amended complaint alleged: (1) breach of contract; (2) breach of fiduciary…