TRANSAMERICA FINANCIAL v. SUPERIOR COURT

No. CV-87-0343-PR.

158 Ariz. 115 (1988)

761 P.2d 1019

TRANSAMERICA FINANCIAL CORPORATION, a Delaware corporation; Pacific Finance Loans, a California corporation; Transamerica Financial Services, Inc., an Arizona corporation, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA and the Honorable Frank T. Galati, a Judge thereof, Respondent Judge, and Olivia M. RASCON; Jorge G. and Antonia G. Medina, husband and wife, individually and on behalf of all others similarly situated, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

June 21, 1988.


Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon by James K. LeValley, William S. Hawgood, II, and Charles W. Jirauch, Phoenix, for petitioners.

Meyer, Hendricks, Victor, Osborn & Maledon, P.A. by William J. Maledon, and Colin F. Campbell, Phoenix, for real parties in interest.

O'Dowd, Burke & Lundquist, P.C. by Bruce A. Burke, and David Lipartito, Tucson, for amicus curiae the Arizona Consumers Council.

Robert K. Corbin, Atty. Gen. by Patrick M. Murphy, Chief Counsel, Financial Fraud Div., W. Mark Sendrow, Asst. Chief Counsel, and Deanna Delmar, Asst. Atty. Gen., Phoenix, for amicus curiae Mary C. Short, Superintendent of Banks.

Snell & Wilmer by John J. Bouma, Barry D. Halpern, and James O. Ehinger, Phoenix, for amicus curiae Household Finance Corp.


OPINION

LACAGNINA, Judge.*

I JURISDICTION

Olivia M. Rascon and Jorge C. and Antonia G. Medina (Rascon) petition this court for review of the decision of the court of appeals in Transamerica v. Superior Court, 155 Ariz. 327, 746 P.2d 497, filed July 9, 1987, holding that no private right of action arises...

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