Home Federal Savings & Loan Ass'n v. Pleasants

OPINION

HATHAWAY, Judge.

This appeal challenges the propriety of a superior court order permitting appellee to proceed with a class action. The thrust of appellant’s attack on the ruling is that the “predominance” requirement of Rule 23(b)(3), Rules of Civil Procedure, 16 A. R.S., was not satisfied and therefore a class action was precluded.

The pertinent allegations of appellee’s complaint are that the action was brought on his behalf and on behalf of all other persons similarly situated who had assumed notes, secured by mortgages or deeds of trust on real property, held by appellant, and who…