Lewis

Lewis v. Safeway, Inc.

Good Law
185 Cal. Rptr. 3d 228·2015 Cal. App. LEXIS 250·235 Cal. App. 4th 385
Court of Appeal of CaliforniaMarch 20, 2015A140943California3,433 words

Opinion

Opinion

Richman, J.

Subject to numerous exceptions, the Song-Beverly Credit Card Act of 1971 (Song-Beverly or the Act) (Civ. Code, § 1747 et seq.) generally prohibits a retailer from requesting and recording a customer’s “personal identification information” when the customer is purchasing goods or services with a credit card. (Civ. Code, § 1747.08, subd. (a)(2).) Plaintiff Mark Lewis filed a putative class action against defendant Safeway, Inc. (Safeway), alleging that Safeway violated the Act when its clerk requested and recorded Lewis’s date of birth in Safeway’s cash register system when he purchased an alcoholic beverage with a credit card. Safeway demurred on four grounds, two of which were that its conduct fell within express exceptions to the Act. The trial court agreed that one of the exceptions applied, sustained Safeway’s demurrer without leave to amend, and entered a judgment of dismissal. We affirm.

BACKGROUND

The Complaint

It is black-letter law that a demurrer tests the legal sufficiency of the allegations in a complaint. (San Mateo Union High School Dist. v. County of San Mateo (2013) 213 Cal.App.4th 418, 425 [ 152 Cal.Rptr.3d 530 ]; Weil & Brown, Cal. Practice Guide:…

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