Budget Finance Plan v. Superior Court

Petitioners seek a writ of mandate directing respondent court to vacate its order commanding petitioners to answer interrogatories. The action in which the interrogatories had been put is one wherein John McDowell and Lucylle Miller (real parties in interest) seek, on behalf of themselves and others of an alleged class, rescission of retail installment sales contracts, treble damages, injunction against further asserted violations of the California Consumers Legal Remedies Act, and attorneys’ fees of $500 for each person found to be a member of the class.

The primary malefactors, according to the allegations of the complaint, are one Jack Felix, doing business under the impressive name Apollo Industries, and his franchisor, Family Buying Power, Inc., a New Jersey corporation. It is alleged that representations were made by agents of these two to plaintiffs (and assertedly to others) that by joining a “buying club” they could purchase merchandise at reduced prices, and that a particular stereo set (which was exhibited to the prospective initiates to the club) was available at about half its retail price. Installment contracts and membership certificates were then…