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COLWELL CO. v. SUPERIOR COURT

Docket No. 45803.

50 Cal.App.3d 32 (1975)

123 Cal. Rptr. 228

COLWELL COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FLORENTINE G. BOERNER et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Five.

July 21, 1975.

Attorney(s) appearing for the Case

COUNSEL

Meserve, Mumper & Hughes, Cromwell Warner, Jr., Roy L. Herndon and L. Allan Songstad, Jr., for Petitioner.

John H. Larson, County Counsel, and Frederick R. Bennett, Deputy County Counsel, for Respondent.

Patricia Herzog for Real Parties in Interest.

OPINION

ASHBY, J.

Petitioner (Colwell) is the defendant in a class action complaint brought by the real parties in interest (plaintiffs) on behalf of themselves and other persons similarly situated who in payment for the construction of mountain cabins executed lien contracts and deeds of trust which were assigned by the builders to Colwell. Colwell has purchased more than 1,800 contracts similar to those of plaintiffs, representing...

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