The plaintiff in a class proceeding moved to quash the appeals of the defendant and non-party franchisees, arguing the order appealed from was interlocutory.
The order in question invalidated certain opt-out coupons but granted those class members a further opportunity to opt out after a final disposition on the merits.
The Court of Appeal held the order was final because it deprived the defendant of a binding judgment against all putative class members and of a limitations defence.
The motions to quash were dismissed.