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Diamond v. General Motors Corp.

Citation: 2 ELR 20046
No. No. 36600, 97 Cal. Rptr. 639/3 ERC 1227/20 Cal. App. 3d 374, (Cal. Ct. App., 09/30/1971)

Plaintiff's action for damages and injunctive relief against 293 named municipalities and industries on behalf of himself and the 7,119,184 residents of Los Angeles County based upon the alleged air polluting activities of the defendants was properly dismissed as an improper class action which sought relief beyond the power of the court to grant as a practical matter. Members of the purported class have disparate interests, and the claimed injuries will differ so widely in individual cases that a combined trial would be unmanageable. Injunctive relief may appropriately be denied when the issuing of an order would be a futile gesture. Dismissal of the complaint is not a dismissal of the action on the merits, and any member of the class may bring an action pleading his own special injury.

Counsel for appellant
Roger J. Diamond
15415 Sunset
Pacific Palisades, California 90272

Counsel for appellees
Roger Arnebergh City Attorney
200 North Spring
Los Angeles, California 90012

Franklin H. Wilson
Gibson, Dunn & Crutcher
634 South Spring
Los Angeles, California 90014

Jefferson, J. and Irwin, J., concurring.