B. CAOCFalsely Asserts That Class Member Muller's Position Contradicts California Code of Civil Procedure § 902. l. Class Member Muller does not, contrary to CAOC's claim, seek to nullify section 902 of the California Code of Civil Procedure: Muller identifies no compelling reason to disregard section 902.... (CAOC Br. 10; emphasis added.) Code of Civil Procedure § 902 says that a class member mustbe a party: Any party aggrieved may appealin the cases prescribed inthistitle. Eight California courts of appeal have held that filing an objection and appearing at a fairness hearingsatisfies that "party of record" (CAOCBr.

Class Counsel have turnedthe issue upside down.Itis precisely because a class memberis boundby the judgmentthat they have the right to appeal. D. The Res Judicata Exception to Party Status under Code of Civil Procedure Section 902 Should Not Apply in Class Actions. This section title is a direct quote of the section title of the Answer Brief in which Class Counsel ask that the Marsh v. Mountain Zephyr, supra, "exception" be sharply limited.