Mealey's California Section 17200

  • May 26, 2017

    Judge Refuses To Dismiss Insurers' Class Claims For Damages After Subrogation

    LOS ANGELES — A California federal judge on May 24 denied a motion filed by the makers of a defective dehumidifier that caused fires to dismiss class action claims for violation of California's unfair competition law (UCL) and negligence and other claims and ordered them to show cause as to why they should not be sanctioned for misrepresenting the law as it pertains to insurer's rights to subrogate the rights of insureds (Homesite Insurance Company of the Midwest, et al. v. Gree USA Inc., et al., No. 2:16-cv-06769, C.D. Calif., 2017 U.S. Dist. LEXIS 79809).

  • May 25, 2017

    Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims

    SAN FRANCISCO — A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California’s unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).

  • May 25, 2017

    Judge Dismisses Securities Claims Related To Allegedly Fraudulent Club Investment

    SAN DIEGO — A California federal judge on May 22 dismissed an investor's claims for violation of California's unfair competition law (UCL) and securities laws, finding that he failed to show that he was fraudulently induced into investing in the development of a nightclub (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).

  • May 24, 2017

    California Federal Judge Sides With Plaintiff In Trademark Case

    LOS ANGELES — A dispute between competing car clubs over the “Stylistics” trademark was resolved in favor of a plaintiff on May 23, when a California federal judge awarded summary judgment (Gilbert Lerma Jr. v. Ernie Armijo, et al., No. 15-9953, C.D. Calif., 2017 U.S. Dist. LEXIS 77575).

  • May 22, 2017

    Judge Finds Borrower Did Not Allege New Facts To Support Amendment

    FRESNO, Calif. — A California federal judge on May 18 denied a borrower's motion to amend her complaint in which she alleges that a bank violated California's unfair competition law (UCL) and other laws related to a wrongful foreclosure, finding that she failed to allege any facts that would support new claims (Brenda D. Dowling v. Bank of America, et al., No. 1:14-cv-01041, E.D. Calif., 2017 U.S. Dist. LEXIS 76063).

  • May 19, 2017

    Judge Dismisses Foreclosure- Related Claims Against CitiMortgage, Allows Amendment

    SAN FRANCISCO — A California federal judge on May 17 partially granted a mortgage company's motion to dismiss claims including violation of California's unfair competition law (UCL), allowing part of a borrower's dual tracking claim to proceed and dismissing the remainder of the claims with leave to amend (Gilbert Chavez v. CitiMortgage Inc., No. 17-cv-01205, N.D. Calif., 2017 U.S. Dist. LEXIS 75430).

  • May 18, 2017

    Judge Finds Borrower Did Not Rescind Note, Dismisses TILA And UCL Claims

    RIVERSIDE, Calif. — A California federal judge on May 15 granted a motion filed by a lender and a loan servicer to dismiss a property owner's complaint, which asserted claims for violation of California's unfair competition law (UCL) and the Fair Debt Collection Practice Act (FDCPA), finding that his allegations were conclusory (Phillip D. Jackson v. Nationstar Mortgage LLC, et al., No. 5:17-cv-00044, C.D. Calif., 2017 U.S. Dist. LEXIS 73826).

  • May 16, 2017

    Unfair Competition Claims OK’d, But Judge Says No Relief Due In Surgical Gown Case

    LOS ANGELES — A California federal judge on May 15 said a class representative proved that two defendants violated California’s unfair competition law (UCL) by selling defective surgical gowns, but denied the plaintiff’s request for restitution and injunctive relief given a jury’s $454 million compensatory and punitive damages verdict (Bahamas Surgery Center v. Kimberly-Clarke Corp., et al., No. 14-8390, C.D. Calif., 2017 U.S. Dist. LEXIS 73778).

  • May 12, 2017

    Company Sues Competitor, Former Employees Over Trade Secrets Misappropriation

    VENTURA, Calif. — A pharmaceutical company and its subsidiary sued a “pure-play biosimilar platform company” and several former employees in California state court on April 21, alleging that the defendants engaged in unfair competition and misappropriated the company’s trade secrets in violation of California and common law (Amgen Inc., et al. v. Coherus Biosciences Inc., et al., No. 56-2017-00493553-CU-BT-VTA, Calif. Super, Ventura Co.).

  • May 12, 2017

    Trial Court Properly Rejected UCL Foreclosure Claims, Appeals Court Finds

    SAN JOSE, Calif. — A couple lacks the authority to challenge the assignment of the rights to the mortgage on their property in an effort to preempt foreclosure, a California appeals court held May 9 in affirming judgment on unfair competition law (UCL) claims (William E. Hellmuth, et al. v. Bank of America N.A., et al., No. H042544, Calif. App., 6th Dist., 2017 Cal. App. Unpub. LEXIS 3230).

  • May 10, 2017

    Magistrate Finds Borrower Lacks Standing Under California High Court Ruling

    FRESNO, Calif. — After finding that a borrower lacked standing under a recently decided California Supreme Court ruling to challenge a foreclosure and that his claims were not cognizably pleaded, a California federal magistrate judge on May 8 recommended that a motion to amend the borrower’s complaint to add new defendants should be denied as futile (David Leroy Newman v. Bank of New York Mellon, et al., No. 1:12-cv-01629, E.D. Calif., 2017 U.S. Dist. LEXIS 70076).

  • May 9, 2017

    Judge Finds No Support For Declaratory Relief Claim Against Solar Energy Firm

    SAN FRANCISCO — A California federal judge on May 4 granted a partial motion to dismiss claims in an action filed by a solar energy company that alleges that a former employee violated California's unfair competition law (UCL) and breached a confidentiality agreement when she began working for a competitor (SolarCity Corporation v. Sunpower Corporation, et al., No. 16-CV-05509, N.D. Calif., 2017 U.S. Dist. LEXIS 68639).

  • May 4, 2017

    9th Circuit Reverses Dismissal Of Insured's UCL Claims Against AARP

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on May 2 reversed a district court's dismissal of an insured's claims for violation of California's unfair competition law (UCL), finding that he plausibly stated a claim that an insurer was soliciting insurance in California without having the proper license and in violation of the California Insurance Code (Jerald Friedman v. AARP Inc., et al., No. 14-56765, 9th Cir., 2017 U.S. App. LEXIS 7845).

  • May 3, 2017

    Judge Dismisses RESPA Claim Against Ocwen Without Leave To Amend

    FORT LAUDERDALE, Fla. — A Florida federal judge on May 2 decided that claims for violation of the Real Estate Settlement Procedures Act (RESPA) against a loan servicer failed because a borrower failed to show that it did not respond to her request for information (Shelisa Todd v. Ocwen Loan Servicing LLC, No. 17-cv-60454, S.D. Fla., 2017 U.S. Dist. LEXIS 66541).

  • May 3, 2017

    Judge Finds Alcohol Monitoring Device Companies Did Not Misrepresent Products

    LOS ANGELES — A California federal judge on April 28 granted a motion filed by the maker and distributor of alcohol monitoring devices to dismiss claims for violation of California's unfair competition law (UCL) and fraud claims against them, finding that they failed to plead sufficient facts to support the causes of action (Hansen, et al. v. Scram of California Inc., et al., No. 2:17-cv-01474, C.D. Calif., 2017 U.S. Dist. LEXIS 65341).

  • May 3, 2017

    ACA Medical Loss Ratio Includes Insurer’s Settlement Payments, Judge Says

    LOS ANGELES — More than $34 million an insurer paid as a result of improperly categorizing out-of-network providers counts as incurred claims for purposes of the Patient Protection and Affordable Care Act (ACA)’s medical loss ratio (MLR), a federal judge in California held May 1 in denying remand and dismissing a California unfair competition law action (Rebecca Morris, et al. v. Blue Shield of California, et al., No. 16-5914, C.D. Calif., 2017 U.S. Dist. LEXIS 66043).

  • May 1, 2017

    Judge Remands Wrongful Termination Suit For Untimely Removal

    LOS ANGELES — After finding that an advertising firm's removal of a former employee's case asserting claims for wrongful termination and violation of California's unfair competition law (UCL) was not proper, a California federal judge on April 26 remanded the case to a state court (Annabel Hernandez v. YP Advertising and Publishing LLC, No. 16-9612, C.D. Calif., 2017 U.S. Dist. LEXIS 63485).

  • April 27, 2017

    Judge: Plaintiff Failed To Show Any DTSA Violation After Statute’s Enactment

    SAN FRANCISCO — Dismissal of nonpatent claims in a patent infringement and misappropriation of trade secrets lawsuit is proper because a company has failed to show that the alleged misappropriation of its trade secrets occurred after the enactment of the Defend Trade Secrets Act (DTSA), a federal judge in California ruled April 24 in granting in part and denying in part a defendant’s motion to dismiss (Cave Consulting Group Inc. v. Truven Health Analytics Inc., No. 15-2177, N.D. Calif., 2017 U.S. Dist. LEXIS 62109).

  • April 27, 2017

    Judge Dismisses Infringement Claim Against Party City Over Drink Vessel Patent

    SAN DIEGO — A California federal judge on April 25 dismissed claims asserted by a drink vessel maker for patent infringement and unjust enrichment in relation to a party supply retailer's alleged infringement on its utility patent but found that part of its claim for violation of California's unfair competition law (UCL) can proceed (Small Axe Enterprises Inc. v. Amscan Inc., et al., No. 3:16-cv-00981, S.D. Calif., 2017 U.S. Dist. LEXIS 62900).

  • April 27, 2017

    Insured Waived Appeal Of Dismissal Of Unfair Competition Claim, 9th Circuit Says

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on April 25 affirmed a lower federal court’s ruling in favor of a homeowners insurer in its insured’s lawsuit alleging violations under the Fair Credit Reporting Act (FCRA) and California's unfair competition law (UCL) (Kamlesh Banga v. Allstate Insurance Co., No. 14-17147, 9th Cir.,  2017 U.S. App. LEXIS 7284).