Harris

In this action where plaintiffs suffered no damage or loss other than having been enticed by the external wording of a piece of bulk rate mail to open the envelope, believing that doing so would result in the receipt of a free plastic calculator watch, we hold that the maxim “the law disregards trifles” applies and dismissal of the action was proper on this ground.

Mark Harris, Joshua Gnaizda and Richard Baker appeal from a judgment of dismissal of this class action lawsuit arising from their receipt of a direct mail advertisement from Time, Inc. They contend the court erred when it sustained Time’s demurrer as to a caúse of action for breach of contract and granted summary judgment as to causes of action for unfair advertising. We affirm.

It all began one day when Joshua Gnaizda, the three-year-old son of a prominent Bay Area public interest attorney, received what he (or his mother) thought was a tantalizing offer in the mail from Time. The front of the envelope contained two see-through windows partially revealing the envelope’s contents. One window showed Joshua’s name and address. The other revealed the following statement; “JOSHUA A. GNAIZDA, I’LL GIVE YOU THIS…