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California Civil Procedure, Keyed to Levine, 6th Ed.
Stern v. Superior Court
Citation:
105 Cal. App. 4th 223, 129 Cal. Rptr. 2d 275 (2003)Facts
The plaintiffs alleged that Kenneth M. Walheim’s certified public accountant license expired on April 30, 1996, and remained invalid through November 19, 2000. During this period, Walheim continued practicing public accountancy as an agent and employee of the accounting firm Getz, Krycler & Jakubovits, which orally and in writing advertised and represented to the public that Walheim was a licensed C.P.A. Plaintiffs hired and paid Walheim for accounting services believing he was properly licensed, and did not discover his unlicensed status until November 14, 2000. The complaint included individual causes of action and three class action causes of action seeking restitution of fees paid by plaintiffs and other similarly situated clients. At a May 9, 2001 initial status conference, nine days after the second amended complaint was filed, the trial court sua sponte found the matter was not a class action and reclassified it as a limited civil case without providing notice or opportunity for plaintiffs to present evidence or argument.
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