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TJX COMPANIES, INC. v. SUPERIOR COURT

No. G027891.

104 Cal.Rptr.2d 810 (2001)

87 Cal.App.4th 747

The TJX COMPANIES, INC., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Cindy Burchard et al., Real Parties In Interest.

Court of Appeals of California, Fourth District, Division Three.

As Modified March 26, 2001.

Attorney(s) appearing for the Case

Jackson, Lewis, Schnitzler & Krupman, Frank.M. Liberatore, Los Angeles, Kristin L. Cihak and Cary G. Palmer, Sacramento, for Petitioner.

No appearance for Respondent.

Robert F. Coleman, West Covina, and James S. Davis, Rancho Cucamonga, for Real Parties in Interest.

OPINION

CROSBY, J.

The trial court subjected petitioner to the rigors of class action discovery without holding an oral hearing on petitioner's demurrer. There was a real and genuine dispute whether the complaint alleged facts sufficient to establish the elements necessary for maintenance of a class action, including a community of interest among the potential class members and a preponderance of common questions of law and fact when compared with those...

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