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CONSUMER CAUSE v. MRS. GOOCH'S MARKETS

No. B171583.

25 Cal.Rptr.3d 514 (2005)

127 Cal.App.4th 387

CONSUMER CAUSE, INC., Plaintiff, v. MRS. GOOCH'S NATURAL FOOD MARKETS, INC., et al., Defendants and Respondents; Nicholas Giampietro, Movant and Appellant.

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

As Modified on Denial of Rehearing March 30, 2005.

Review Denied June 29, 2005.

Attorney(s) appearing for the Case

Kendrick & Nutley, Garrett Kendrick and C. Benjamin Nutley, Beverly Hills, for Movant and Appellant Nicholas Giampietro.

Chassman, Yang & Seelig, Mark B. Chassman, Los Angeles, and Rhonda E. Kaley, for Respondents Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market.

Kendrick, Jackson & Kearl, John J. Kendrick, Jr., and Jane Grilliot Kearl, for Defendant and Respondent Old Durham, Inc.

PERLUSS, P.J.

Is an unnamed member of a putative class who successfully objects to class certification and approval of a proposed class-wide settlement agreement entitled to an award of attorney fees under either Code of Civil Procedure section 1021.5,1 which codifies the private attorney general doctrine articulated in Serrano v. Priest (1977) 20 Cal.3d 25

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