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THE TJX COS., INC. v. SUPERIOR COURT

Nos. G038807, G039040.

163 Cal.App.4th 80 (2008)

THE TJX COMPANIES, INC., et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; SEAN CALDWELL, Real Party in Interest.

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

As modified June 6, 2008.

Attorney(s) appearing for the Case

Cooley Godward Kronish, Michelle C. Doolin, Lori R.E. Ploeger and Leo P. Norton for Petitioners.

Quinn Emanuel Urquhart Oliver & Hedges, Shon Morgan, Stan Karas, Daniel H. Bromberg and Billie Salinas for The Home Depot, Inc., as Amicus Curiae on behalf of Petitioners.

Call, Jensen & Ferrell, Matt R. Orr and Ward J. Lott for Wilsons the Leather Experts, Inc., Wilsons Leather Direct, Inc., and Wilsons Leather Holdings Inc. as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Timothy L. Joens & Associates, Timothy L. Joens; Del Tondo & Thomas, Douglas J. Del Tondo, Bryan M. Thomas; Kirk & Toberty and J. Douglas Kirk for Real Party in Interest.

Lindsay & Stonebarger, Gene J. Stonebarger, James M. Lindsay; Harrison Patterson & O'Connor, James R. Patterson and Harry W. Harrison for Ron Andonia as Amicus Curiae on behalf of Real Party in Interest.

OPINION

RYLAARSDAM, Acting P. J.—

The TJX Companies, Inc., T.J. Maxx of CA, LLC, Marshalls of CA, LLC, Marshalls of MA, Inc., and Marmaxx (collectively TJX) filed two petitions for extraordinary writs in connection with a single, now pending class action. The real party in interest here is Sean Caldwell, plaintiff in the action. The action is based on alleged violations of a portion of the Song-Beverly Credit Card Act of 1971. (Civ. Code...

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