Fear Not Law Articles: Harris v. HSN

Harris v

Harris v. HSN

Filed 1/10/07 Harris v. HSN 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

MONICA HARRIS,

Plaintiff and Appellant,

HSN LP et al.,

Defendants and Respondents.

G036938

(Super. Ct. No. 05CC00006)

O P I N I O N

Appeal from an order of the Superior Court of Orange County, Thierry Patrick Colaw, Judge. Affirmed.

Mark Boling for Plaintiff and Appellant.

Seyfarth Shaw, Daniel M. Blouin; Kenneth L. Wilton and Geoffrey S. Long for Defendants and Respondents.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Albert Norman Shelden Assistant Attorney General, Ronald A. Reiter and Kathrin Sears, Deputy Attorneys General as Amicus Curiae.

* * *

Monica Harris sued the Home Shopping Network (HSN) after purchasing two items. She alleges that HSN uses a reference price structure that falsely creates the impression consumers are receiving a bargain by purchasing at HSN prices. She appeals from the order denying her motion to certify the action as a statewide class action for violations of the Consumer Legal Remedies Act (Civ. Code, § 1781), the unfair competition law (Bus. & Prof. Code, § 17200), and for breach of contract and unjust enrichment. Finding no abuse of discretion in the trial court's decision to deny certification, we affirm.

FACTS

HSN is a seller of consumer products through both its television channel and Web site. According to HSN, it sells in excess of 30,000 unique items to approximately 495,000 California residents each year. Plaintiff Monica Harris watched programming on HSN and visited its Internet Web site in November 2004.

Harris alleges that HSN generally uses a three-tiered system for listing prices. The prices listed are â€

Description	Petitioner sued the Home Shopping Network (HSN) after purchasing two items. She alleges that HSN uses a reference price structure that falsely creates the impression consumers are receiving a bargain by purchasing at HSN prices. She appeals from the order denying her motion to certify the action as a statewide class action for violations of the Consumer Legal Remedies Act (Civ. Code, S 1781), the unfair competition law (Bus. & Prof. Code,S 17200), and for breach of contract and unjust enrichment. Finding no abuse of discretion in the trial court's decision to deny certification, court affirm.
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