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DISCOVER BANK v. SUPERIOR COURT

No. B161305.

36 Cal.Rptr.3d 456 (2005)

134 Cal.App.4th 886

DISCOVER BANK, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Christopher Boehr, Real Party in Interest.

Court of Appeals of California, Second District, Division One.

December 7, 2005.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, Julia B. Strickland, Scott M. Pearson and Stephen J. Newman; Kirkland & Ellis, Jeffrey S. Davidson, Rich Richmond, C. Robert Boldt, Los Angeles, and Amy M. Wilkins, Phoenix, AZ, for Petitioner.

No appearance for Respondent.

Strange & Carpenter, Brian R. Strange and Gretchen Carpenter, Los Angeles; Law Offices of Barry L. Kramer and Barry L. Kramer; Trial Lawyers for Public Justice and Victoria W. Ni, Oakland, for Real Party in Interest.

ROTHSCHILD, J.

This case is before us on remand from the California Supreme Court. We are to decide whether a contractual choice-of-law provision should be respected in determining the enforceability of a class action waiver in the contract between plaintiff Christopher Boehr and defendant Discover Bank where plaintiff alleges no violations of California substantive law and sues on behalf of a putative nationwide class. We conclude that the parties' choice of Delaware...

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