I dissent.
I
The instant action arises upon appeal from order dismissing class action. The majority opinion recognizes the trial court did not abuse its discretion in finding the class action could not be maintained on the claim for breach of contract. (Ante, pp. 447-449.) The majority opinion concludes that the action may be maintained as a class action to seek for the benefit of the class the relief provided by Business and Professions Code section 17535. (Ante, p. 449 et seq.)
However, no class action is necessary for this purpose, because any appropriate relief for plaintiff and his class may be obtained by a single individual action. Section 17535 provides in its entirety: “Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be *457necessary to prevent the use or employment by any person, corporation, firm, partnership, joint stock company, or any other association or organization of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice in this chapter declared to be unlawful. [If] Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public.” (Italics added; the underscored material was added by the Leg. in 1972; Stats. 1972, ch. 244, § 1, p. 494; Stats. 1972, ch. 711, § 3, p. 1300.)
It is apparent from the language of the section that an individual’s right to bring an action and to obtain relief for others is the same as that of the Attorney General. In People v. Superior Court (Jayhill) (1973) 9 Cal.3d 283, 286 [107 Cal.Rptr. 192, 507 P.2d 1400, 55 A.L.R.3d 191], this court held that in an action by the Attorney General the trial court—within its inherent equitable powers—could order the defendants to “make or offer to make restitution to the customers found to have been defrauded.”1
Because plaintiff in an individual action may recover for his class any or all of the relief appropriate under the section, there is no reason to allow or to compel the plaintiff to incur the great expenditure of money and time incident to a class action. The costs of maintaining a class action include certification and notice to permit class members to opt out or to intervene in the action prior to trial. Although proof problems and expenses of notice after trial conceivably could be the same whether the action is maintained by an individual or by class, it is evident that savings of pretrial certification and notice expenses may be great. In the instant case it is estimated there are 50,000 borrowers potentially within plaintiff’s class, and the cost of identifying them in accordance with any class certification and of notifying them may be several dollars per borrower.
Moreover, both Jayhill (9 Cal.3d at p. 286) and section 17535 merely authorize trial courts to make restitutionary orders, leaving to the sound *458discretion of the court the determinations whether the case is an appropriate one for restitution and, if so, who should receive restitution under its order. Making such discretionary determinations before would-be class members are notified furthers the orderly and economical administration of justice.
We have repeatedly emphasized that the class action is based on considerations of “necessity and convenience” and that “the representative plaintiff must show substantial benefit will result both to the litigants and to the court. (City of San Jose v. Superior Court, supra, 12 Cal.3d 447, 458-460 [115 Cal.Rptr. 797, 525 P.2d 701, 76 A.L.R.3d 1223]; Collins v. Rocha (1972) 7 Cal.3d 232, 238 [102 Cal.Rptr. 1, 497 P.2d 225]; Vasquez v. Superior Court (1971) 4 Cal.3d 800, 811 [94 Cal.Rptr. 796, 484 P.2d 964, 53 A.L.R.3d 513].) As pointed out in City of San Jose, ‘despite this court’s general support of class actions, it has not been unmindful of the accompanying dangers of injustice or of the limited scope within which these suits serve beneficial purposes. Instead, it has consistently admonished trial courts to carefully weigh respective benefits and burdens and to allow maintenance of the class action only where substantial benefits accrue both to litigants and the courts. [Citations.] It has also urged that the same procedures facilitating proper class actions be used to prevent class suits where they prove nonbeneficial.’ (12 Cal.3d at p. 459; fn. omitted.)” (Blue Chip Stamps v. Superior Court (1976) 18 Cal.3d 381, 385 [134 Cal.Rptr. 393, 556 P.2d 755].)
In an individual action under section 17535, plaintiff can obtain all appropriate relief authorized by that section for himself and his proposed class. The convenience of the litigants and court is not served by permitting or requiring plaintiff to march to the courthouse with his proposed 50,000 associates when he can as effectively go to the courthouse alone. Absent necessity and convenience, the proposed class action under section 17535 does not benefit the litigants or the court. Accordingly, we should affirm the order dismissing class action.
The majority recognize that relief afforded by section 17535 for the alleged class may be obtained in an individual as well as class action, but urge that the trial court has discretion to permit the action to proceed as a class action if it concludes that “the adequacy of representation of all allegedly injured borrowers would best be assured.” (Ante, p. 454.) However, whether plaintiff’s counsel represents a class or merely the individual plaintiff, he is in the same position in urging that the court assess a discretionary penalty of restitution, and class representation does not warrant the huge expenditure necessary to maintain class action.
*459In any event the trial court has already exercised its discretion. Denying class action, the court found that there are approximately 50,000 potential class members, that during the period involved defendant made approximately 1,529,000 short term commercial loans, and that on some portion of the loans, the 360-day method was not used. The court determined: “1. This action may not be maintained as a class action because the members of the purported class are not readily ascertainable. [If] 2. Individual questions of law and fact will predominate over common issues of law and fact, if any, at the trial of this action, inasmuch as the knowledge of each borrower, as well as his right to recovery under certain of the causes of action herein, must be determined separately for each loan. [H] 3. The maintenance of this action as a class action will not result in substantial economies of time, effort and expense, and is not a superior method for the fair and efficient adjudication of the controversy. [If] 4. The class is so numerous and the questions of law and fact are so diverse that joinder of all members in a class action, or otherwise, is impracticable. [H] 5. There is no advantage to be realized from concentrating the litigation of these various claims in this particular forum by means of a class action.” (Italics added.)
Because of the italicized language, it is apparent that the knowledge issue precluded class action only as to “certain of the causes of the action herein,” and contrary to the majority opinion, did not preclude class action as to all causes. The plain implication is that other considerations precluded class action as to other causes.
The majority recognize in part 2 of the opinion that the knowledge issue precluded class contractual claims. The trial court also determined that useful purposes would not be served by permitting the other causes to proceed as a class action.
We may not presume error. An order of the trial court is presumed correct, and error must be affirmatively shown. (6 Witkin, Cal. Procedure (2d ed. 1971) pp. 4225-4226.) There has been no showing that the trial court abused its discretion or refused to exercise discretion, and again the order dismissing class action should be affirmed.
II
Even assuming class action could proceed under section 17535, the instant one must fail for lack of a representative plaintiff because plaintiff cannot bring the action established by the majority.
*460As pointed out above, in People v. Superior Court (Jayhill), supra, 9 Cal.3d 283, 286-287, this court held that in actions under section 17535 trial courts have inherent power to order restitution to defrauded customers and that the 1972 amendment to the section merely clarified existing law. Jayhill is of no help to the majority because under the equitable doctrine enunciated there, it must be determined who has been defrauded and such determination would involve the same individual factual determinations the majority hold would bar a contract class action. Repudiating Jayhill (ante, pp. 450, 452, fns. 4, 5), the majority in effect tell us that the 1972 amendment to section 17535 permits a broader restitution order than was recognized in Jayhill. However, plaintiff’s cause of action and those of many, if not all, of the class sought to be represented cannot be brought under the 1972 amendment..
According to the complaint, on 6 January 1969, plaintiff borrowed $30,000 from defendant, executing a note promising repayment at the rate of 714 percent interest per annum. Defendant also advertised and made statement of per annum interest rates. On 6 February 1969, plaintiff repaid the loan with interest, as charged by defendant, computed on the basis of a 360-day year.
On 9 January 1973 plaintiff commenced the instant action on behalf of himself and similarly situated borrowers.
The 1972 amendment to section 17535 did not become effective until 7 March 1973—more than four years after plaintiff repaid his loan with the now disputed interest and almost two months after the instant lawsuit was filed. Therefore, plaintiff may not receive restitution under the 1972 amendment; restitution can be awarded to him if at all under Jayhill by showing he was defrauded—was unaware of the banking practice. (The majority concede the trial court did not abuse its discretion in denying class action if knowledge was critical to recovery.)
“ The cases uniformly hold that a plaintiff seeking to maintain a class action must be a member of the class he claims to represent. [Citations.]’ (La Sala v. American Sav. & Loan Assn. (1971) 5 Cal.3d 864, 875 [97 Cal.Rptr. 849, 489 P.2d 1113].)” (Chern v. Bank of America (1976) 15 Cal.3d 866, 874 [127 Cal.Rptr. 110, 544 P.2d 1310].) Because plaintiff cannot obtain restitution under the 1972 amendment to section 17535, the action must be dismissed as determined by the trial court.
The order dismissing class action should be affirmed.
Although the action in Jayhill arose prior to the 1972 amendment to section 17535, it was held that the amendment “was intended not to create a new power in the trial court but simply to clarify existing law on the point.” (9 Cal.3d at p. 287, fn. 1.)