J.P. MORGAN & CO., INC. v. SUPERIOR COURT

No. D041791

6 Cal.Rptr.3d 214 (2003)

113 Cal.App.4th 195

J.P. MORGAN & CO., INCORPORATED, et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent; Heliotrope General, Inc. et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One

Review Denied February 24, 2004.


Attorney(s) appearing for the Case

Davis, Polk & Wardwell, James H.R. Windels, Amelia T.R. Starr; Irell & Manella, Alexander F. Wiles, Gregory R. Smith, Los Angeles, Peter T. Christensen, Newport Beach; Simpson, Thacher & Bartlett, Peter C. Thomas and Seth A. Ribner, Los Angeles, for Petitioners.

Krause & Kalfayan, James C. Krause, San Diego, and Eric J. Benink for Real Parties in Interest.


HUFFMAN, Acting P.J.

The trial court certified this Cartwright Act case as a class action involving class members who are residents of 19 different states. (Bus. & Prof.Code, § 16700 et seq.)1 The moving party plaintiff was Heliotrope General, Inc. (Heliotrope or Plaintiff), a large-scale copper purchaser. Both this action and a companion action (National Metals, Inc. v. Sumitomo et al. (D041783, app.pending) (the companion...

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