Robert H. Fendler v. Westgate-California Corporation

Fendler appeals from an order of the district court dismissing his third amended complaint with prejudice and denying his motion for certification of the suit as a class action. We affirm.

Fendler is an attorney who on May 20, 1968, purchased 20 shares of Class A common stock of Westgate-California Corporation. In March, 1972, Fendler, through his law partner, filed his original complaint against forty-six named defendants (more were added in later complaints). The complaint seemed to be in the nature of a derivative action and seemed to allege injury to the West-gate-California Corporation as a result of transactions with some of the other defendants. Defendants filed motions for more definite statement and for the posting of a cost bond with respect to the corporate derivative claims. These motions were granted.

Fendler then filed his first amended complaint which was quickly followed by a second amended complaint. The defendants filed motions to dismiss, strike and for more definite statement. The court, after lengthy argument, entered a detailed order dismissing the action as to some defendants and striking various allegations. The order contained leave to file a…