Aguirre

Aguirre v. Amscan Holdings, Inc.

Good Law
184 Cal. Rptr. 3d 415·2015 Cal. App. LEXIS 214·234 Cal. App. 4th 1290
Court of Appeal of CaliforniaFebruary 11, 2015C073059California6,445 words

Opinion

Opinion

Blease, J.

Plaintiff Dione Aguirre appeals from an order denying class certification. Plaintiff sued defendants Amscan Holdings, Inc., and PA Acquisition, doing business as Party America (collectively Party America), on behalf of herself and similarly situated individuals, alleging Party America violated Civil Code section 1747.08, part of the Song-Beverly Credit Card Act of 1971 (§ 1747 et seq.) by routinely requesting and recording personal identification information, namely ZIP Codes, from customers using credit cards in its retail stores in California. The trial court found that plaintiff’s proposed class of “[a]ll persons in California from whom Defendant requested and recorded a ZIP code in conjunction with a credit card purchase transaction from June 2, 2007 through October 13, 2010” is not an ascertainable class, and “plaintiff’s inability to clearly identify, locate and notify class members through a reasonable expenditure of time and money [citation] bars her from litigating this case as a class action.” Plaintiff appeals, arguing the trial court “erred in determining the class . . . was not ascertainable based upon the finding that each individual class member was not…

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