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Andrade v. Dollar Tree Store

Andrade v. Dollar Tree Store
09:30:2007

Andrade v. Dollar Tree Store



Filed 9/11/06 Andrade v. Dollar Tree Store CA4/3



NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FOURTH APPELLATE DISTRICT



DIVISION THREE










SANDRA ANDRADE,


Plaintiff and Appellant,


v.


DOLLAR TREE STORES, INC.,


Defendant and Respondent.



G035781


(Super. Ct. No. 03CC00505)


O P I N I O N



Appeal from a judgment of the Superior Court of Orange County, David C. Velasquez, Judge. Reversed.


Langford & Langford, Michael S. Langford; Robert W. Skripko, Jr.; Walsh & Walsh and Michael J. Walsh for Plaintiff and Appellant.


Thelen Reid & Priest, Ann Kane Smith, David N. Buffington, Elizabeth H. Cudd and Curtis A. Cole for Defendant and Respondent.


* * *


Sandra Andrade appeals the court's dismissal of a putative class action brought by Gary Edmisten against Dollar Tree Stores, Inc. (Dollar Tree), as well as the court's order denying Andrade leave to intervene in the case or to amend the Edmisten complaint to substitute herself as the plaintiff and class representative. We reverse.


FACTS



In the operative first amended complaint (the complaint) filed January 8, 2004, Edmisten sought â€





Description Appellant appeals the court's dismissal of a putative class action, as well as the court's order denying Andrade leave to intervene in the case or to amend the Edmisten complaint to substitute herself as the plaintiff and class representative. Court reverse.

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