Party City Corp. v. Superior Court

This writ proceeding arises from an order denying the motion of Party City Corporation (petitioner) for summary judgment in a prospective class action brought by Rebecca J. Palmer (plaintiff or real party in interest) under the Song-Beverly Credit Card Act of 1971, Civil Code section 1747 et seq. (the Act; all further statutory references are to the Civil Code unless noted). Section 1747.08, subdivision (a)(2) of the Act prohibits merchants that accept credit cards in transacting business from making requests that the cardholder provide “personal identification information” concerning the cardholder, and from recording that information. According to petitioner, when the trial court denied its motion for summary judgment, the court erroneously interpreted the definition in section 1747.08 of the term “personal identification information,” with respect to requesting and recording postal ZIP Code information in a transaction. (Civ. Code, § 1747.08, subd. (b); Code Civ. Proc., § 437c.) Petitioner contends the plain language and the legislative history of that provision do not support any conclusion that a merchant’s requesting and recording a customer’s ZIP Code amounts to…