Shapell Industries, Inc. v. Superior Court

Opinion

CURRY, J.

INTRODUCTION

Petitioners Shapell Industries, Inc. and Shapell Industries Escrow 1 challenge the respondent superior court’s order granting a motion for leave to file a second amended complaint adding a new plaintiff as an individual and as the representative plaintiff of an uncertified class. Shapell contends the trial court lacked subject matter jurisdiction to allow the second amended complaint to be filed to add a new plaintiff, real party in interest Allan Stark, because the original plaintiff, Steven J. Borecki, had voluntarily dismissed himself as a party to the action,…