McCubbrey

MEMORANDUM AND ORDER

Petitioners Boise Cascade Corporation, Boise Cascade Recreational Communities of Delaware, Boise Cascade Properties, Inc., and Boise Cascade Home & Land Corporation (“Boise Cascade”) seek an order enjoining the prosecution of twenty Superior Court actions presently pending throughout the state of California. This petition raises substantial questions concerning the scope of class action adjudications, the burden on class members to perfect technical compliance with exclusion procedures, the adequacy of notice to absent class members, and the finality of class action settlements.

STATEMENT OF FACTS

Plaintiff J. Bruce McCubbrey filed a purported class action against Boise Cascade, alleging multiple misrepresentations in the sale of recreational subdivision property in California and Nevada. On March 9, 1973, *65 this court entered a preliminary order certifying the plaintiff class under rule 23(b)(3) to include “all persons who are present or former owners of property in all Boise Cascade recreational subdivisions (‘the property’) listed in Exhibit A of the Settlement Agreement.” 1 The order directed the parties to notify class members of the terms of a…