February 1, 2013

Song-Beverly Act, death penalty opinions filing Monday

On Monday, the Supreme Court will file two opinions.

In one, Apple Inc. v. Superior Court, the court will decide whether the Song-Beverly Credit Card Act of 1971 (Civ. Code, § 1747 et seq.), which prohibits retailers from recording a customer’s personal identification information when the customer uses a credit card in a transaction, precludes on-line retailers from obtaining and recording a purchaser’s address and telephone number as a prerequisite to accepting a credit card as payment for a purchase of an item that does not need to be shipped to the purchaser.

The other case is an automatic appeal from a June 1996 judgment of death – People v. Whalen.

When the Supreme Court files these opinions, it will have been 89 days since the cases were argued and submitted. Under state law, the court has 90 days after a case is submitted to issue its decision.

Both opinions can be viewed online beginning at 10:00 a.m. Monday morning.

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