William Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909 (9th Cir. 1964). · Go Syfert
William Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909 (9th Cir. 1964). Cases Citing This Book View Copy Cite
“since the complaint alleges a common course of conduct over the entire period, directed against all investors, generally relied upon, and violating common statutory provisions, it sufficiently appears that the questions common to all investors will be relatively substantial”
342 citation events (130 in the last 25 years) across 72 distinct courts.
Strongest positive: McNichols v. Loeb Rhoades & Co. (ilnd, 1982-08-31)
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964 1995 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) McNichols v. Loeb Rhoades & Co.
N.D. Ill. · 1982 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
no evidence that any class member has indicated a displeasure with the representative parties
examined Cited as authority (verbatim quote) Dolgow v. Anderson (2×) also: Cited "see, e.g."
E.D.N.Y · 1968 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
since the complaint alleges a common course of conduct over the entire period, directed against all investors, generally relied upon, and violating common statutory provisions, it sufficiently appears that the questions common to all investors will be relatively substantial
discussed Cited as authority (quoted) A. B. v. Hawaii State Dept of Educ. (2×) also: Cited "see, e.g."
9th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
mpracticability' does not mean 'impossibility,' but only the difficulty or inconvenience of joining all members of the class.
discussed Cited as authority (quoted) Lacy Atzin v. Anthem, Inc.
C.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence low
mpracticability does not mean impossibility but only the 19 difficulty or inconvenience of joining all members of the class.
cited Cited as authority (rule) M. v. Kovol
D. Alaska · 2025 · confidence medium
P. 23(a)(1); and then quoting Harris v. Palm Springs Alpine Ests., Inc., 329 F.2d 909, 913-14 (9th Cir. 1964)). 100 Id. (first citing Gen.
discussed Cited as authority (rule) Morneau v. Protective Life Insurance Company
S.D. Cal. · 2025 · confidence medium
The term “impracticable” does not mean 5 “impossible,” and only refers to “the difficulty or inconvenience of joining all members of 6 the class.” Harris v. Palm Springs Alpine Ests., Inc., 329 F.2d 909, 914 (9th Cir. 1964) 7 (quoting Advertising Specialty Nat’l Ass’n v. FTC, 238 F.2d 108, 119 (1st Cir. 1956)). 8 Here, the proposed settlement class includes approximately 115,000 insurance 9 policies.
discussed Cited as authority (rule) Refuerzo v. Southwest Airlines Co.
N.D. Cal. · 2024 · confidence medium
P. 23(a)(1). “[I]mpracticability does not mean impossibility, but only the difficulty or 23 inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 24 329 F.2d 909, 913-14 (9th Cir. 1964) (cleaned up).
discussed Cited as authority (rule) Pipich v. O'Reilly Auto Enterprises, LLC
S.D. Cal. · 2024 · confidence medium
The term “impracticable” does not mean 11 “impossible,” and only refers to “the difficulty or inconvenience of joining all members of 12 the class.” Harris v. Palm Springs Alpine Ests., Inc., 329 F.2d 909, 914 (9th Cir. 1964) 13 (quoting Advertising Specialty Nat’l Ass’n v. FTC, 238 F.2d 108, 119 (1st Cir. 1956)). 14 Here, the proposed settlement class includes an estimated 5,750 members.
discussed Cited as authority (rule) Trevino v. Golden State FC LLC
E.D. Cal. · 2023 · confidence medium
P. 23(a). “’[I]mpracticability’ does not 3 mean ‘impossibility,’ but only the difficulty or inconvenience in joining all members of the 4 class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir. 1964) 5 (quoting Advert.
discussed Cited as authority (rule) Valenzuela v. Best-Line Shades, Inc.
N.D. Cal. · 2021 · confidence medium
Impracticability is not 20 impossibility, and instead refers only to the “difficulty or inconvenience of joining all members of 21 the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir. 1964) 22 (citation omitted). 23 Plaintiffs estimate that there are approximately 30 class members based on Defendants’ 24 payroll records.
cited Cited as authority (rule) Stedman v. Progressive Insurance Co
W.D. Wash. · 2021 · confidence medium
Wash. 1998) (citing Harris v. Palm Spring Alpine 23 Estates, Inc., 329 F.2d 909, 913 (9th Cir. 1964)).
cited Cited as authority (rule) Nichols v. Geico Insurance Company
W.D. Wash. · 2021 · confidence medium
Wash. 1998) (citing Harris v. Palm 10 Spring Alpine Estates, Inc., 329 F.2d 909, 913 (9th Cir. 1964)).
cited Cited as authority (rule) Kutzman v. Derrel's Mini Storage, Inc.
E.D. Cal. · 2020 · confidence medium
Cal. 1981) (citing Harris v. Palm 20 Springs Alpine Estates, Inc., 329 F.2d 909, 913-914 (9th Cir. 1964)).
cited Cited as authority (rule) Criswell v. Boudreaux
E.D. Cal. · 2020 · confidence medium
Cal. Sept. 19, 2017) 21 Case 1:20-cv-01048-DAD-SAB Document 26 Filed 09/02/20 Page 22 of 49 1 (quoting Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913 (9th Cir. 1964)).
cited Cited as authority (rule) Gonzalez v. NCI Group, Inc.
E.D. Cal. · 2020 · confidence medium
Cal. 1981) (citing Harris v. Palm 18 Springs Alpine Estates, Inc., 329 F.2d 909, 913-914 (9th Cir. 1964)).
discussed Cited as authority (rule) Gonzalez v. Diamond Resorts International Marketing, Inc.
D. Nev. · 2020 · confidence medium
In terms of whether joinder would be impracticable, 12 “impracticability does not mean impossibility, but only the difficulty or inconvenience of joining 13 all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th 14 Cir. 1964). 15 Gonzalez contends that during the 13 months he worked at the Kaanapali Beach Club in 16 Maui (from December 2014 to January 2016), he worked with approximately 45-50 other 17 vacation counselors.
cited Cited as authority (rule) Kutzman v. Derrel's Mini Storage, Inc.
E.D. Cal. · 2020 · confidence medium
Cal. 1981) (citing Harris v. Palm 1 Springs Alpine Estates, Inc., 329 F.2d 909, 913-914 (9th Cir. 1964)).
discussed Cited as authority (rule) Humes v. First Student, Inc.
E.D. Cal. · 2017 · confidence medium
P. 23(a). “ impracticability’ does not mean ‘impossibility,’ but only the difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir. 1964) (quoting Advert.
discussed Cited as authority (rule) Soares v. Flowers Foods, Inc.
N.D. Cal. · 2017 · confidence medium
Impracticability is not impossibility, and instead refers only to the “difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir. 1964) (citation omitted).
discussed Cited as authority (rule) Alfred v. Pepperidge Farm, Inc.
C.D. Cal. · 2017 · confidence medium
P. 23(a)(1) requires that a class be “so numerous that joinder of all members is impracticable.” “Impracticability does not mean impossibility, but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
discussed Cited as authority (rule) Santomenno v. Transamerica Life Insurance
C.D. Cal. · 2016 · confidence medium
In general, “‘impracticability’ does not mean ‘impossibility,’ but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
cited Cited as authority (rule) Pliego v. Los Arcos Mexican Restaurants, Inc.
D. Colo. · 2016 · confidence medium
Sept. 14, 2006) (citing Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir. 1964)).
discussed Cited as authority (rule) Millan v. Cascade Water Services, Inc.
E.D. Cal. · 2015 · confidence medium
Litig., 89 F.R.D. 104, 112 (N.D.Cal.1981); accord Baghdasarian v. Amazon.com, Inc., 258 F.R.D. 383, 388 (C.D.Cal.2009) (defining “impracticability” as when joinder of all class members is “difficult or inconvenient”); Campbell v. PricewaterhouseCoopers, LLP, 253 F.R.D. 586, 594 (E.D.Cal.2008) (holding that “an attempt to join all parties must only be difficult or inconvenient” to satisfy Rule 23(a)(1)) (citing Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-914 (9th Cir.1964)).
cited Cited as authority (rule) In re Linkedin User Privacy Litigation
N.D. Cal. · 2015 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
cited Cited as authority (rule) Noll v. eBay, Inc.
N.D. Cal. · 2015 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
discussed Cited as authority (rule) In re NJOY, Inc. Consumer Class Action Litigation
C.D. Cal. · 2015 · confidence medium
“Impracticability does not mean impossibility, [however,] ... only ... difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal quotation marks omitted).
discussed Cited as authority (rule) Escalante v. California Physicians' Service
C.D. Cal. · 2015 · confidence medium
In general, “ ‘impracticability does not mean ‘impossibility,’ but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
cited Cited as authority (rule) In re Yahoo Mail Litigation
N.D. Cal. · 2015 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
discussed Cited as authority (rule) Spann v. J.C. Penney Corp.
C.D. Cal. · 2015 · confidence medium
A putative class may be certified only if it “is so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). “[I]mpracticability does not mean impossibility, but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal quotation marks omitted).
discussed Cited as authority (rule) Dunakin v. Quigley
W.D. Wash. · 2015 · confidence medium
It is a long-standing rule that “impracticability” does not mean “impossibility”; rather, impracticability means only “the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal citations omitted).
discussed Cited as authority (rule) In re Conagra Foods, Inc.
C.D. Cal. · 2015 · confidence medium
“Impracticability does not mean impossibility, [however,] ... only ... difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal quotation marks omitted).
discussed Cited as authority (rule) Pena v. Taylor Farms Pacific, Inc.
S.D. Cal. · 2015 · confidence medium
Numerosity To be certified, a class must be “so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). “ ‘[Ijmpraeticability’ does not mean ‘impossibility,’ but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913 (9th Cir.1964) (quoting Advers.
discussed Cited as authority (rule) In re Conagra Foods, Inc.
C.D. Cal. · 2014 · confidence medium
“Impracticability does not mean impossibility, [however,] ... only ... difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir. 1964) (internal quotations omitted).
discussed Cited as authority (rule) Allen v. Hyland's Inc.
C.D. Cal. · 2014 · confidence medium
Numerosity A putative class may be certified only if it “is so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). “ ‘[I]mpracticability’ does not mean ‘impossibility,’ but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (quoting Adver.
discussed Cited as authority (rule) Smilovits v. First Solar, Inc.
D. Ariz. · 2013 · confidence medium
Because “the complaint alleges a common course of conduct over the entire period directed against all investors, generally relied upon, and violating common statutory provisions, it sufficiently appears that the questions common to all investors will be relatively substantial.” Blackie v. Barrack, 524 F.2d 891, 902-03 (9th Cir.1975) (quoting Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 914 (9th Cir.1964)).
cited Cited as authority (rule) Aichele v. City of Los Angeles
C.D. Cal. · 2013 · confidence medium
Honda Motor Co., Inc., 284 F.R.D. 504, 522 (C.D.Cal.2012) (quoting Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964)).
cited Cited as authority (rule) Balasanyan v. Nordstrom, Inc.
S.D. Cal. · 2013 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
cited Cited as authority (rule) Astiana v. Kashi Co.
S.D. Cal. · 2013 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
discussed Cited as authority (rule) In re Toys \R\" Us-Delaware
unknown court · 2013 · confidence medium
“Impracticability does not mean impossibility, [however,] ... only ... difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal quotations omitted).
discussed Cited as authority (rule) Katz v. China Century Dragon Media, Inc.
C.D. Cal. · 2012 · confidence medium
Rule 23(a) Prerequisites a) Numerosity Rule 23(a)(1) requires that, in order to be certified, a class must be “so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). “ ‘Impracticability’ does not mean ‘impossibility’, but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964).
cited Cited as authority (rule) Beck-Ellman v. Kaz USA, Inc.
S.D. Cal. · 2012 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-914 (9th Cir.1964).
discussed Cited as authority (rule) Keegan v. American Honda Motor Co.
C.D. Cal. · 2012 · confidence medium
“Impracticability does not mean impossibility, [however,] ... only ... difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal quotations omitted).
discussed Cited as authority (rule) Akaosugi v. Benihana National Corp.
N.D. Cal. · 2012 · confidence medium
Plaintiffs contend there was a “common course of conduct” that was “generally relied upon” and that violated “common statutory provisions.” Harris v. Palm Springs Alpine, 329 F.2d 909, 914-15 (9th Cir.1964).
cited Cited as authority (rule) Joint Equity Committee of Investors of Real Estate Partners, Inc. v. Coldwell Banker Real Estate Corp.
C.D. Cal. · 2012 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913 (9th Cir.1964) (quoting Advertising Specialty Nat.
discussed Cited as authority (rule) Facciola v. Greenberg Traurig LLP
D. Ariz. · 2012 · confidence medium
Where “the complaint alleges a common course of conduct over the entire period, directed against all investors, generally relied upon, and violating common statutory provisions, it sufficiently appears that the questions common to all investors will be relatively substantial.” See Harris v. Palm Springs Alpine Estates, 329 F.2d 909, 914 (9th Cir. 1964).
cited Cited as authority (rule) In re Ferrero Litigation
S.D. Cal. · 2011 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-914 (9th Cir.1964).
discussed Cited as authority (rule) O'Donovan v. CashCall, Inc.
N.D. Cal. · 2011 · confidence medium
However, courts have recognized that “impractical” does not mean “impossible.” Id.; Arnold v. United Artists Theatre Circuit, Inc., 158 F.R.D. 439, 448 (N.D.Cal.1994) (citing Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913 (9th Cir.1964)).
discussed Cited as authority (rule) Pryor v. Aerotek Scientific, LLC
C.D. Cal. · 2011 · confidence medium
“Impracticability does not mean impossibility, [however,] ... only ... difficulty or inconvenience in joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (internal quotations omitted).
cited Cited as authority (rule) Brown v. American Airlines, Inc.
C.D. Cal. · 2011 · confidence medium
Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913 (9th Cir.1964).
discussed Cited as authority (rule) Shields v. Walt Disney Parks & Resorts US, Inc.
C.D. Cal. · 2011 · confidence medium
Numerosity A putative class may be certified only if it “is so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). “ ‘[I]mpracticability’ does not mean ‘impossibility,’ but only the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 913-14 (9th Cir.1964) (quoting Adver.
William HARRIS Et Al., Appellants,
v.
PALM SPRINGS ALPINE ESTATES, INC., Et Al., Appellees
18578-18619.
Court of Appeals for the Ninth Circuit.
Mar 26, 1964.
329 F.2d 909
Cooper & Boiler, C. Douglas Wilde, W. Alan Thody, Walter Atkinson, Dell L. Falls, Lancaster, Cal., for appellant., Musick, Peeler & Garrett, Bruce E. Clark, and Richard D. Dear, Los Angeles, Cal., for appellee.
Hamlin, Browning, Duniway.
Cited by 282 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #20,696 of 633,719
Citer courts: Ninth Circuit (1) · C.D. California (1)
BROWNING, Circuit Judge.

These appeals were taken from judgments of the district court dismissing forty-two class actions “for lack of jurisdiction, without leave to amend.” 1 We reverse.

The actions were brought by investors in the “Secured 10 % Earnings Program” of the Los Angeles Trust Deed and Mortgage Exchange. Details of the scheme are described in SEC v. Los Angeles Trust Deed & Mortgage Exch., 186 F.Supp. 830 (S.D.Cal.1960). [2]

One of the actions is against the Los Angeles Trust Deed and Mortgage Exchange and its officers alone. A second is against the Exchange and its officers plus forty groups of real estate subdi-viders. Both of these actions relate to the “Secured 10% Earnings Program” as a single, integral concert of action. Each of the remaining actions is against the Exchange and its officers and a particular group of subdividers who allegedly participated in a separable conspiracy within the general concert of action with respect to the sale of trust deed notes secured by land in a particular subdivision.

The two general complaints are brought by over two thousand named plaintiffs on behalf of themselves and some six thousand other investors in the “Secured 10% Earnings Program.” Each of the other forty complaints is brought by those of the two thousand named investors whose trust deed notes were secured by land in the subdivisions of the group of subdividers named as defendants, on behalf of themselves and those of the other six thousand investors whose notes were similarly secured.

The first count in each of the forty-two complaints purports to state a claim under Section 17(a) of the Securities Act of 1933 (48 Stat. 84, as amended, 15 U.S.C.A. § 77q(a)) and Section 10(b) of the Securities Exchange Act of 1934 (48 Stat. 891, 15 U.S.C.A. § 78j (b)) and Rule X-10B-5 of the Securities and Exchange Commission (17 C.F.R. § 240.-10b-5 (1949)). It is alleged that, by use of the mails and other instrumentalities of interstate commerce, the defendants conspired to and did sell to plaintiffs[*912] by means of false statements and material omissions trust deed notes secured by land in certain subdivisions. Plaintiffs seek to recover the difference between the reasonable value of the securities and the amounts which they paid for them.

The second count of each complaint alleges that the securities were not registered, asserts a violation of Section 5 (a) of the Securities Act of 1933 (48 Stat. 77, as amended, 15 U.S.C.A. § 77e (a)), and seeks rescission pursuant to Section 12 of that Act (48 Stat. 84, as amended, 15 U.S.C.A. § 111). The third count alleges that defendants were not registered as brokers and dealers in securities, asserts a violation of Section 15(b) of the Securities Exchange Act of 1934 (48 Stat. 895, as amended, 15 U.S. C.A. § 78o(b)), and seeks rescission, or damages if rescission is impossible. Each of the forty-two complaints contains additional counts alleging violations of state statutory or common law, as-sertedly within the “pendent” jurisdiction of the district court.

I

Jurisdiction over suits based upon claimed violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 is expressly conferred upon United States district courts by Section 22(a) of the 1933 Act (48 Stat. 86, as amended, 15 U.S.C.A. § 77v(a)) and Section 27 of the 1934 Act (48 Stat. 902, as amended, 15 U.S.C.A. § 78aa). Since the first three counts of each of the forty-two complaints asserts such claims, and it is not contended that these claims are “immaterial and made solely for the purpose of obtaining jurisdiction or * * * wholly insubstantial and frivolous,” dimissal of the actions for want of jurisdiction was error. Bell v. Hood, 327 U.S. 678, 682-683, 66 S.Ct. 773, 776, 90 L.Ed. 939 (1946). [3]

The reasons for dismissal recited in the judgment (“that these actions belong in the State Courts and are not class actions brought by the Plaintiffs to recover for a common fund * * * ”) [4] are not matters which would impair the jurisdiction of the district court.

It is the general rule, as this court has recently said, “that when a federal court is presented with a case of which it has cognizance it may not turn the matter over for adjudication to the state court.” Mach-Tronics, Inc. v. Zirpoli, 316 F.2d 820, 824 (9th Cir. 1963). This is true even though wholly adequate remedies are available in the state courts. Matheson v. Armbrust, 284 F.2d 670, 673 (9th Cir. 1960). Cf. Marshall v. Sawyer, 301 F.2d 639, 646 (9th Cir. 1962), and cases cited. There are, of course, exceptional situations in which a federal court may abstain from the exercise of its jurisdiction pending an adjudication in a state court (see, e. g., Mach-Tronics, supra, 316 F.2d at 824-827, and cases cited; Wright on Federal Courts 169-177 (1963)), but nothing has been suggested by either the district court or the appellees which would justify such action in the present cases.

Similarly, if the complaints did not properly allege class actions under Rule 23, Federal Rules of Civil Procedure, the jurisdiction of the district court would not be affected. Rule 23 is[*913] a rule of procedure, not a limitation upon jurisdiction. Where a statute confers jurisdiction upon United States district courts over particular actions without regard to the amount in controversy or the citizenship of the parties, as in the present eases (15 U.S.C.A. § 77v(a); 15 U.S.C.A. § 78aa; Wilko v. Swan, 346 U.S. 427, 431, 74 S.Ct. 182, 98 L.Ed. 168, (1953); Deckert v. Independence Shares Corp., 311 U.S. 282, 289-290, 61 S.Ct. 229, 85 L.Ed. 189 (1940)), it is irrelevant to the district court’s jurisdiction whether compaints in such actions successfully plead class suits.

At most, failure, to comply with Buie 23 would render the complaints subject to dismissal without prejudice in so far as they sought relief on behalf of the class. And since “any deficiency in respect to pleading a class action is subject to correction by amendment” (Warner v. First Nat. Bank, 236 F.2d 853, 858 (8th Cir. 1956)”, plaintiffs might thereafter, by supplementing their pleading, satisfy the requirements of Rule 23. Or plaintiffs might proceed under Rule 20 solely on their own behalf. See Cox v. Hutcheson, 204 F.Supp. 442, 447 (S.D. Ind.1962); Hess v. Anderson, Clayton & Co., 20 F.R.D. 466, 482, 484 (S.D.Cal. 1957). And even if there were no basis for permissive joinder, Rule 21 expressly provides that “misjoinder of parties is not ground for dismissal of an action.”

II

We do not mean to intimate that the present complaints might fail as. class actions.

Class actions under Rule 23(a) (3) have “proved useful where a large number of purchasers or holders of securities claim to have been defrauded by a common course of dealing on the part of the defendants,” (3 Moore’s Federal Practice ff 23.10 at 3448 (2d ed. 1963)), and have been frequently utilized in such situations. See particularly Amen v. Black, 234 F.2d 12, 16 (10 Cir. 1956); Zahn v. Transamerica Corp., 162 F.2d 36, 49-50 (3d Cir. 1947) ; Oppenheimer v. F. J. Young & Co., 144 F.2d 387, 390 (2d Cir. 1944); York v. Guaranty Trust Co., 143 F.2d 503, 528 (2d Cir. 1944), rev’d on other grounds, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945); Independence Shares Corp. v. Deckert, 108 F.2d 51, 55 (3d Cir. 1939), aff’d as to this ground, rev’d on others, 311 U.S. 282, 287, 61 S.Ct. 229, 85 L.Ed. 189 (1940). [5] Indeed, it has been suggested that “the ultimate effectiveness of the federal remedies” in this area “may depend in large measure on the applicability of the class action device,” and particularly of the “spurious” class action provided by Rule 23(a) (3). 3 Loss, Securities Regulation 1819-20 (2d ed. 1961).

We think the allegations of these complaints, on their face, satisfy the requirements of Rule 23(a) (3). [6]

The classes involved are self-evidently large. It seems unlikely that defendants can successfully controvert plaintiffs’ allegation that the expense and burden, to the parties and the court, of litigating each claim separately renders that course impractical, especially since “ ‘impracticability’ does not mean ‘impos[*914] sibility,’ but only the difficulty or inconvenience of joining all members of the •class.” Advertising Specialty Nat. Ass’n v. FTC, 238 F.2d 108, 119 (1st Cir. 1956).

Plaintiffs allege that they “fairly insure adequate representation of the entire class of persons and investors,” and this general allegation is supported by •detailed averments indicating that plaintiffs comprise an adequate proportion of a class having common and consistent interests. No investor, it is alleged, is unfavorable to maintenance of the actions. See 3 Moore’s Federal Practice ¶ 23.07 at 3425 (2d ed. 1963).

One of the groups of sub-divider defendants has asserted in a brief filed in this court that after these suits were filed many of the investors reconveyed their trust deeds to the defendants and thus "affirmatively indicated that they are not interested in being included in or part of the law suit.” Plaintiffs in a reply brief stated that the reconveyances were obtained by fraud. Adequacy of representation is a question of fact, to be raised and resolved in the trial court in the usual manner (Warner v. First Nat. Bank, 236 F.2d 853, 858 (8th Cir. 1956); Weeks v. Bareco Oil Co., 125 F.2d 84, 93-94 (7th Cir. 1941)), and assertions in defendants’ brief in this court are ineffectual to make a factual issue on plaintiffs’ allegations of ability to protect the interests of the class, much less to disprove them.

The complaints sufficiently allege the presence of the "common question of law or fact affecting the several rights” of the investors, required by Rule 23(a) (3). General allegations of the presence of such questions are amply supported by the detailed averments of each complaint. The first three counts of each complaint allege a concert of action directed against all of the investors alike. “All or substantially all” of certain misrepresentations, detailed in the complaint, are alleged to have been made “by means of advertisements, brochures and prospectuses to each and all of the plaintiffs and investors.” Concealment and omission of the same material facts are alleged as “to each of the investors.” “Each of plaintiffs and the other investors” is alleged to have reasonably relied upon the misrepresentations, and to have been misled by the concealment of facts. The additional circumstances relied upon in counts 2 and 3 are alleged to apply to all investors in the “Secured 10% Earnings Program.” The concerted conduct of defendants is alleged to violate the same provisions of the securities statutes without distinction as among the investors.

Appellees assert that the various investors made payments on the securities at different times and stand in different positions with respect to the representations made to them and the reasonableness of their reliance, and therefore that questions of fact and law will arise which cannot be common to them all. Again, the argument is based upon factual premises which must be established in the trial court, not here. But even assuming these premises to be true, since the complaint alleges a common course of conduct over the entire period, directed against all investors, generally relied upon, and violating common statutory provisions, it sufficiently appears that the questions common to all investors will be relatively substantial. Rule 23(a) (3) “does not require that all the members of the class be identically situated, if there are substantial questions either of law or fact common to all.” 3 Moore’s Federal Practice [[ 23.10 at 3454 (2d ed. 1963). [7] Rule 23(a) (3) is[*915] based on the assumption that the economy of time, effort, and expense which will result from a common trial of substantial common issues exceeds the additional burden which may be imposed upon the court and the parties by the necessity of also determining in the common litigation those issues which may be several. See McGrath v. Tadayasu Abo, 186 F.2d 766, 774 (9th Cir. 1951).

Finally, appellees argue that the complaints do not satisfy the requirement of Rule 23(a) (3) that “common relief” be sought, since counts 2 and 3 seek rescission and return of consideration as to those investors who still own the securities, and damages as to those who do not. But in the last analysis, each member of the class seeks a money judgment in the amount required to make him whole. [8]

Since it seems clear that the district court did not reach the issue of the court’s pendent jurisdiction over the counts asserting claims under state law, we do not consider that question.

The judgments are reversed.

1

. After submission one action was remanded to tbe district court for bearing on petition to compromise and settle.

2

. See also Farrell v. United States, 321 F.2d 409 (9tb Cir. 1963) ; Los Angeles Trust Deed & Mortgage Excli. v. SEO, 285 F.2d 162 (9th Cir. 1960); Los Angeles Trust Deed & Mortgage Exch. v. SEC, 264 F.2d 199 (9th Cir. 1959); Chance v. Superior Court, 58 Cal.2d 275, 23 Cal.Rptr. 761, 373 P.2d 849 (1962) ; Hint v. Superior Court, 58 Cal.2d 921, 23 Cal.Rptr. 771, 373 P.2d 859 (1962).

3

. Montana-Dakota Util. Co. v. Northwestern Pub. Serv. Co., 341 U.S. 246, 249, 71 S.Ct. 692, 95 L.Ed. 912 (1951) ; Harmon v. Superior Court, 307 E.2d 796, 798 (9th Cir. 1962) ; Addison v. Grand Lodge of Int’l Ass’n of Machinists, 300 E. 2d 863, 868 (9th Cir. 1962) ; Dann v. Studebaker-Packard Corp., 288 F.2d 201, 206 (6th Cir. 1961).

4

. The judgment reads:

JUDGMENT OF DISMISSAL These causes having been placed on the calendar on the Court’s own motion to dismiss for lack of jurisdiction, and counsel having argued same, The Court is of the view that these actions belong in the State Courts and are not class actions brought by the Plaintiffs to recover for a common fund, and therefore IT IS ORDERED that all these cases enumerated above be, and are hereby dismissed for lack of jurisdiction, without leave to amend.

5

. “If Gilbert v. Clark, D.Mass., 13 F.R.D. 498, 499, be construe! as reaching a different conclusion, it is contrary to the weight of authority * * *.” Cherner v. Transitron Electronic Corp., 201 F.Supp. 934, 935 (D.Mass.1962). The same may be said of Speed v. Transamerica Corp., 5 F.R.D. 56 (D.Del.1945), and Johnson v. Beneficial Loan Soc’y, 34 F.Supp. 392 (D.Del.1940). See generally Comment, 51 Calif.L.Rev. 939, 944-954 (1963).

6

. “Rule 23. Glass Actions

“(a) Representation. If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly insure the adequate representation of all may, on behalf of all, sue or be sued, when the character of the right sought to be enforced for or against the class is * * * * *
“(3) several, and there is a common question of law or fact affecting the several rights and a common relief is sought.”
7

. See also Nagler v. Admiral Corp., 248 F.2d 319, 327, 328 (2d Cir. 1957) ; Amen v. Black, 234 F.2d 12, 16 (10th Cir. 1956); York v. Guaranty Trust Co., 143 F.2d 503, 528 (2d Cir. 1944), rev’d on other grounds, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945) ; P. W. Husserl, Inc. v. Newman, 25 F.R.D. 264, 266 (S.D.N.Y.1960) ; State Wholesale Grocers v. Great Atl. & Pac. Tea Co., 24 F.R.D. 510, 511 (N.D. Ill.1959) ; Shipley v. Pittsburgh & Lake Erie R. R., 70 F.Supp. 870, 873 (W.D. Pa.1947).

8

. Compare Newberg v. American Dryer Corp., 195 F.Supp. 345, 347 (E.D.Pa. 1961), with Zachman v. Erwin, 186 F.Supp. 681, 688-689 (S.D.Tex.1959).