Clemons
Clemons v. Western Photo Camera Hut
Opinion
Opinion
Fleming, J.
Appeal from the trial court’s refusal to grant preliminary injunctive relief in a consumer class action prior to certification and notification of the class. We afiirm.
This action was brought by James E. Clemons as part of an alleged class seeking to enjoin certain acts committed by defendants (hereinafter, collectively Camera Hut) to promote their film developing services. The declarations filed in support of the issuance of the injunction recite that on October 11, 1979, a representative of Camera Hut telephoned the Clemons residence and informed James’ mother, Eileen, that her “telephone number” had won a free camera and 120 free rolls of film. The caller also informed Eileen that to collect the prizes she would have to agree to have the film developed by Camera Hut. Eileen related the substance of the phone call to James, who advised her to telephone Camera Hut to “verify the prize.” Eileen called the store and the Camera Hut employee who answered confirmed that the Clemons had won a camera and film. The employee then told Eileen that the recipient of the prize would have to sign “some papers” regarding the agreement to develop the film at Camera Hut, “but that no…