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California Supreme Court Denies Review of Decision Permitting Precertification Discovery To Identify Substitute Class Action Representatives

California Supreme Court Denies Petition for Review and Request to Depublish Appellate Court Opinion in Best Buy v. Superior Court

In a post dated April 11, 2006, we summarized a then-recent California appellate decision in a class action against Best Buy that permitted the plaintiff-lawyer to conduct discovery for the purpose of finding substitute plaintiffs to serve as class representatives. See Best Buy Stores, L.P. v. Superior Court, 137 Cal.App.4th 772 (Cal.App. 2006). Best Buy filed a petition for review with the California Supreme Court on April 21, 2006. On July 12, 2006, the California Supreme Court denied the petition for review and further denied Best Buy’s request that the appellate opinion be depublished.