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POWERS v. POTTERY BARN, INC.

No. D054336.

177 Cal.App.4th 1039 (2009)

SUSAN CATHERINE POWERS, Plaintiff and Appellant, v. POTTERY BARN, INC., Defendant and Respondent.

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

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Harrison Patterson O'Connor & Kinkead, James R. Patterson, Harry W. Harrison, Cary A. Kinkead; Lindsay & Stonebarger, Gene J. Stonebarger, James M. Lindsay and Richard D. Lambert for Plaintiff and Appellant.

Sheppard Mullin Richter & Hampton, Phillip Craig Cardon and Elizabeth S. Berman for Defendant and Respondent.

OPINION

BENKE, Acting P. J.—

In this consumer class action case the trial court found plaintiff's claims against a retailer for violation of provisions of the Song-Beverly Credit Card Act of 1971 (Song-Beverly; Civ. Code, § 1747 et seq.) were preempted by provisions of a federal statute, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. § 7701 et seq.) (CAN-SPAM). Accordingly, the...

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