City of San Jose v. Superior Court

Opinion

CLARK, J.

We are called on to determine whether the trial court abused its discretion in certifying this case to proceed as a class action.

Plaintiffs, real parties in interest, filed an action against petitioner-defendant, City of San Jose,1 on behalf of themselves and all real property *453owners situated in the flight pattern of the .San Jose Municipal Airport. Seeking recovery for diminution in the market value of their property caused by aircraft noise, vapor, dust, and vibration, they proceed on theories of nuisance and inverse condemnation.

Following discovery and pursuant to…