BARBARA MCLAREN, ETC. VS. THE UPS STORE, INC. (L-0919-20, MERCER COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1612-20 BARBARA MCLAREN, on behalf of herself and others similarly situated, Plaintiff-Respondent, v. THE UPS STORE, INC., TURQUOISE TERRAPIN, LLC, formerly d/b/a UPS STORE #4122, RK & SP SERVICES, LLC, formerly d/b/a UPS STORE #4122, HAMILTON PACK N SHIP, LLC, in their own right and as representatives of a class of similarly situation UPS STORE franchisees, Defendants-Appellants. ______________________________ Argued May 10, 2021 – Decided July 22, 2021 Before Judges Messano, Hoffman, and Suter. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-0919-20. Joseph R. Palmore (Morrison & Foerster, LLP) of the District of Columbia bar, admitted pro hac vice, argued the cause for appellants (Morrison & Foerster, LLP, attorneys; David J. Fioccola, Adam J. Hunt, and Mark R. McDonald (Morrison & Foerster, LLP) of the California bar, admitted pro hac vice, on the briefs). Jared M. Placitella argued the cause for respondent (Cohen, Placitella & Roth, PC, attorneys; Jared M. Placitella, Caroline Ramsey Taylor (Whitfield Bryson, LLP) of the Tennessee bar, admitted pro hac vice, and Daniel K. Bryson and Jeremy R. Williams (Whitfield Bryson, LLP) of the North Carolina bar, admitted pro hac vice, of counsel and on the briefs). PER CURIAM In this putative class action, we granted defendant, RK & SP Services LLC, leave to appeal from the Law Division's order denying defendant's motion to dismiss the complaint brought by plaintiff Barbara McLaren individually and as representative of a class. Our February 18, 2021 order limited our review to plaintiff's individual claims premised upon defendant's "alleged violation of N.J.S.A. 22A:4-14."1 That statute provides: For a service specified in this section, foreign commissioners of deeds, notaries public, judges and 1 Plaintiff alleged that defendant, a franchisee of defendant The UPS Store, Inc. (TUPPS), was the owner of "UPS Store #4122," and the other individually named defendants were defendant's predecessor and successor in interest. Given the limitation of our order, we use the singular "defendant" throughout this opinion. A-1612-20 2 other officers authorized by law to perform such service, shall receive a fee as follows: For administering an oath or taking an affidavit, $2.50. For taking proof of a deed, $2.50. For taking all acknowledgments, $2.50. For administering oaths, taking affidavits, taking proofs of a deed, and taking acknowledgments of the grantors in the transfer of real estate, regardless of the number of such services performed in a single transaction to transfer real estate, $15.00. For administering oaths, taking affidavits and taking acknowledgments of the mortgagors in the financing of real estate, regardless of the number of such services performed in a single transaction to finance real estate, …

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