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NOEL v. THRIFTY PAYLESS, INC.

No. A143026.

17 Cal.App.5th 1315 (2017)

DIANA NIEVES NOEL, as Personal Representative, etc., Plaintiff and Appellant, v. THRIFTY PAYLESS, INC., Defendant and Respondent.

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

December 4, 2017.

Attorney(s) appearing for the Case

Emergent Legal, Emergent and Christopher Wimmer for Plaintiff and Appellant.

Kelly, Hockel & Klein, Klein, Hockel, Iezza & Patel, Michael D. Early and Mark P. Iezza for Defendant and Respondent.

OPINION

Plaintiff James A. Noel bought an inflatable swimming pool at defendants' drugstore that turned out to be much smaller than the pool pictured on the box. He sued defendant Thrifty Payless, Inc., on behalf of himself and similarly situated individuals, alleging defendants violated the

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