California Court of Appeal
Party City Corp. v. Superior Court of San Diego County, D053530
In a writ proceeding arising from an order denying petitioner's motion for summary judgment in a prospective class action suit brought under the Song-Beverly Credit Card Act of 1971, petition for writ of mandate is granted where: 1) the trial court erroneously interpreted the definitional portions of Civil Code section 1747.08, on several grounds including on a plain language basis, with respect to related federal regulatory definitions of the meaning and purpose of zip codes, and with respect to the interpretation of legislative history that showed the Act's principal statutory purposes; and 2) petitioner was entitled to summary judgment on the complaint on the threshold definitional issue presented in the pleadings.
Appellate Information
- Decided 12/19/2008
- Published 12/19/2008
Judges
- HUFFMAN, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Fox Rothschild,David F. Faustman, Lynne M. Hook and Cristina K. Olivella, San Francisco, for Petitioner., Knox, Lemmon & Anapolsky and Thomas Knox, Sacramento, for California Retailers Association, as Amicus Curiae on behalf of Petitioner., Bonnett, Fairbourn, Friedman & Balint, Elaine A. Ryan, Patricia N. Syverson and Todd D. Carpenter for Real Party in Interest.
- For Appellees:
- No appearance on behalf of Respondent.