BEST BUY FACES CONSUMER COMPLAINT
In February 2007, Richard M. Kershenbaum bought a Connect 3D memory card from California-based Best Buy for $30 with an advertised $30 mail-in rebate. Kershenbaum mailed the necessary rebate form and was approved to get his money back. But Connect 3D ultimately refused to pay. Five months later, Best Buy offered to give the ripped-off customer a $10 gift card.
An unhappy Kershenbaum sued Best Buy for misleading advertising and, believing he was not alone in his plight, requested class-action status against the company. He didn’t accept the company’s claim it had no duty to make good on Connect 3D’s offer. Superior Court Judge Gail Andrea Andler blocked Kershenbaum on both issues. Andler said Kershenbaum’s claims were too “vague.”
But late last month, a California Court of Appeal based in Santa Ana reversed Andler’s decisions. Without taking sides in the dispute, Justices Richard Fybel, Kathleen O’Leary and Raymond Ikola opined that class-action status was appropriate and that Kershenbaum’s misleading-advertising allegation was adequately specific for his lawsuit to continue.
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UNABASHED LIBERAL DEFIES OC STEREOTYPE
In Orange County’s vast sea of Republicanism, Melissa Fox stands nearly alone as a defiant Democrat. Espousing decidedly lefty political stances, Fox easily won her political party’s nomination in the fight for the 70th State Assembly District seat currently occupied by outgoing Republican Chuck DeVore. The district is overwhelmingly conservative and last elected a Democrat in, well, best I can tell, never.
But in her race against traditionally conservative Republican Don Wagner, Fox isn’t trying to soften her stances or pretend she’s a conservative Democrat. In fact, she’s eagerly pushing a policy many Republicans label as class warfare. She’s calling for higher taxes on California’s corporations and wealthy citizens as the only way to correct an “unfair” tax burden on the middle class.
Can that message resonate in suburban OC neighborhoods such as Newport Beach, Tustin, Irvine, Laguna Beach, Laguna Woods, Lake Forest and Aliso Viejo? Fox’s admirers insist it can, but I’m not so sure. Especially given the present anti-tax, anti-government political climate, this South County small-business attorney may have taken herself out of contention.