California Court of Appeal

The trial court appropriately concluded that a shopping card service fee was not an unconscionable term and thus did not abuse its discretion in sustaining defendant's demurrer to the alleged violation of the Consumers Legal Remedies Act. The trial court also did not err in granting summary judgment since defendant's shopping cards do not contain expiration dates and therefore do not violate section 1749.5.

Appellate Information

• Decided 08/25/2003
• Published 08/25/2003

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Geller, Stewart & Foley, Michael S. Geller and Richard A. Stewart, Moreno Valley, for Plaintiff and Appellant.


• For Appellees:
  
• Gibson, Dunn & Crutcher, Richard P. Levy, Los Angeles, and Robert H. Garretson for Defendant and Respondent.