Alvarez
Alvarez v. Brookstone Co.
Opinion
Lead Opinion
McDonald, J.
Plaintiff Alexandra M. Alvarez appeals a judgment entered after the trial court sustained the demurrer filed by defendant Brookstone Company, Inc. (Brookstone), to her complaint that alleged a violation of Civil Code 1 section 1747.08 for requesting and recording her ZIP Code as part of a credit card transaction. On appeal, Alvarez contends that because Pineda v. Williams-Sonoma Stores, Inc. (2011) 51 Cal.4th 524 [ 120 Cal.Rptr.3d 531 , 246 P.3d 612 ] (Pineda) held that conduct violates section 1747.08, the judgment against her must be reversed. Brookstone concedes Pineda held the conduct violates section 1747.08, but argues Pineda’s holding should not be applied retrospectively to its conduct and therefore the judgment should be affirmed. We conclude Pineda should be applied retrospectively and reverse the judgment to the extent it dismissed the section 1747.08 claim.
*1026 FACTUAL AND PROCEDURAL BACKGROUND
Because we are reviewing the trial court’s order sustaining Brookstone’s demurrer, we assume as tme all facts alleged in Alvarez’s complaint. (Pineda, supra, 51 Cal.4th at p. 528 .)
On December 10, 2008, Alvarez filed a putative class action complaint, alleging…