This section contains the nature of the case and procedural background.

A number of plaintiffs (P) bought frozen food and freezers from the Bay Area Meat Company. Each executed two-retail installment contracts to finance the purchases, one in payment of the food, and the other for the freezer. These contracts were assigned to Avco Thrift, Sterling Finance Corporation, and Beneficial Finance. The Meat company and the finance companies were named as defendants. D demurred to the complaint in that it did not state a cause of action and leave to amend was not granted insofar as the complaint alleged a class action for fraud. P also charged D with violations of the Unruh Act. The trial court reasoned that a class action for fraud could not be maintained by consumers. P sought a writ of mandate.

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