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KORN v. POLO RALPH LAUREN CORP.

No. Civ. S-07-02745 FCD JFM.

644 F.Supp.2d 1212 (2008)

Brian KORN, individually; on behalf of all others similarly situated, Plaintiffs, v. POLO RALPH LAUREN CORPORATION, a Delaware Corporation; and Does 1 through 50 inclusive, Defendants.

United States District Court, E.D. California.

May 28, 2008.

Attorney(s) appearing for the Case

Gene Joseph Stonebarger, Lindsay & Stonebarger, Folsom, CA, for Plaintiffs.

Carl Brandon Wisoff, Farella Braun and Martel LLP, San Francisco, CA John M. Callagy, PHV, Kelley Drye & Warren, LLP, New York, NY, John W. McGuinness, PHV, Thomas E. Gilbertsen, PHV, Kelley Drye & Warren, LLP, Washington, DC, for Defendants.

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

This matter is before the court on defendant Polo Ralph Lauren Corporation's ("defendant" or "Polo") motion to dismiss or, alternatively, motion to strike portions of plaintiff Brian Korn's ("plaintiff" or "Korn") complaint for violations of the Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08. Plaintiff opposes the motions. For the reasons set forth below,

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