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PARTY CITY CORP. v. SUPERIOR COURT

No. D053530.

169 Cal.App.4th 497 (2008)

PARTY CITY CORPORATION, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; REBECCA J. PALMER, Real Party in Interest.

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

December 19, 2008.

Attorney(s) appearing for the Case

Fox Rothschild, David F. Faustman, Lynne M. Hook and Cristina K. Olivella for Petitioner.

Knox, Lemmon & Anapolsky and Thomas Knox for California Retailers Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Bonnett, Fairbourn, Friedman & Balint, Elaine A. Ryan, Patricia N. Syverson and Todd D. Carpenter for Real Party in Interest.

OPINION

HUFFMAN, Acting P. J. —

This writ proceeding arises from an order denying the motion of Party City Corporation (petitioner) for summary judgment in a prospective class action brought by Rebecca J. Palmer (plaintiff or real party in interest) under the Song-Beverly Credit Card Act of 1971, Civil Code section 1747 et seq. (the Act; all further statutory references are to the Civ. Code unless noted). Section 1747.08, subdivision...

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