BEST BUY STORES, L.P v. SUPERIOR COURT,
Filed 3/13/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
BEST BUY STORES, L.P., Petitioner, BEST BUY STORES Respondent; MARK BOLING, Real Party in Interest. | G035672 (Super. Ct. No. 04CC02804) O P I N I O N |
Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Jonathan H. Cannon, Judge. Motions to augment record and for judicial notice. Petition granted in part and denied in part. Motions denied.
Robins, Kaplan, Miller & Cresi, Roman M. Silberfeld and Gregory N. Karasik for Petitioner Best Buy Stores, L.P.
No appearance for Respondent.
Mark Boling, in pro. per, for Real Party in Interest.
We hold that the trial court did not abuse its discretion in permitting precertification discovery in a class action for the purpose of identifying potential substitute class-action plaintiffs. But the court must modify the letter to be sent to the prospective class-action plaintiffs to protect their privacy.
FACTS
This is a petition for a writ of mandate seeking to reverse a precertification discovery order in a purported class action. The action claims violation of the Consumer Legal Remedies Act, unfair competition, and unjust enrichment based on allegations that defendant Best Buy Stores, L.P., petitioner here, charged an illegal â€