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HYPERTOUCH, INC. v. SUPERIOR COURT

No. A108321.

27 Cal.Rptr.3d 839 (2005)

128 Cal.App.4th 1527

HYPERTOUCH, INC., Petitioner, v. The SUPERIOR COURT of San Mateo County, Respondent; Perry Johnson, Inc., Real Party in Interest.

Court of Appeals of California, First District, Division 2.

As Modified on Denial of Rehearing June 6, 2005.

Attorney(s) appearing for the Case

Law Offices of John L. Fallatt, John L. Fallat, Kentfield, Kathleen A. Umrein, San Francisco, for Petitioner, Hypertouch, Inc.

Epstein, Becker & Green, P.C., Joseph D. Miller, Leslie J. Mann, San Francisco, Pilchak Cohen & Tice, P.C., Daniel G. Cohen, for Real Party in Interest, Perry Johnson, Inc.

KLINE, P.J.

This writ proceeding arises out of a class action alleging the sending of unsolicited advertisements to a telephone facsimile machine in violation of the Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227(b)(1)(C)), which authorizes a private right of action in state court. (Id., § 227(b)(3).)

Petitioner Hypertouch, Inc., a California corporation based in Redwood City, is the named plaintiff, and real party in interest...

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