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FREEMAN v. WAL-MART STORES, INC.

No. E032585.

3 Cal.Rptr.3d 860 (2003)

111 Cal.App.4th 660

Michael D. FREEMAN, Plaintiff and Appellant, v. WAL-MART STORES, INC., Defendant and Respondent.

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

Review Denied November 12, 2003.

Attorney(s) appearing for the Case

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

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

OPINION

GAUT, J.

Plaintiff Michael D. Freeman appeals judgment entered in favor of defendant Wal-Mart Stores, Inc. (Wal-Mart), after the trial court sustained Wal-Mart's demurrer and motion for summary judgment.

This action arises from plaintiff suing Wal-Mart for charging customers a service fee if they do not use their Wal-Mart shopping cards within 24 months. Plaintiff alleges in his complaint that the service fee is unconscionable and thus unlawful...

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