White v. Hollister
Plaintiff Kerry White appeals the trial court’s denial of his motion to certify a class made up of all consumers who received $25 gift cards from defendant Hollister Company as part of a 2009 holiday promotion, but did not redeem the gift cards before the cards expired on January 30, 2010. Plaintiff contends that because the gift cards did not say that they expired, defendant’s failure to honor them after January 30, 2010, violated Civil Code section 1749.5 and the Consumers Legal Remedies Act (Civ. Code, § 1770 et seq.; CLRA).[1] Plaintiff further contends that the case is appropriate for class treatment and, therefore, the trial court abused its discretion by denying his motion for class certification. We agree with plaintiff in part, and thus we reverse with directions to the trial court to certify a subset of the proposed plaintiff class.
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