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Mealey's California Section 17200

  • December 13, 2018

    Class Certification Sought In Disputes Over Reinsurance Participation Agreement

    SACRAMENTO, Calif. — In two putative class actions over a reinsurance participation agreement (RPA) of hundreds of California businesses that bought a workers’ compensation program, plaintiffs argue in a Dec. 11 brief that a California federal court should certify a class because whether the program and RPA are illegal is a common question for all class members (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., No. 16-00158, Pet Food Express Ltd., et al. v. Applied Underwriters Inc., et al., No. 16-01211, E.D. Calif.).

  • December 10, 2018

    Judge Holds UCL Claims Against Chase Are Not Preempted By HOLA

    SAN FRANCISCO — A California federal judge on Dec. 7 refused to dismiss class action claims that a bank violated California’s unfair competition law (UCL) by failing to pay interest on their escrow accounts under the terms of their mortgage agreements, holding that the borrowers’ state law claims were not preempted by federal law (McShannock v. JP Morgan Chase Bank N.A., No. 18-01873, N.D. Calif., 2018 U.S. Dist. LEXIS 207262).

  • December 10, 2018

    Judge Dismisses Defect- Related Claims Against Vena Cava Filter Maker

    SAN JOSE, Calif. — A California federal judge on Dec. 3 dismissed claims for violation of California’s unfair competition law (UCL), negligent misrepresentation and other causes of action asserted by a patient who alleged that she was injured by a defective device that was implanted to treat deep vein thrombosis and pulmonary embolism, holding that she failed to assert sufficient facts to show that the maker of the product knew that it was defective (Sandra Broge v. ALN International Inc., No. 17-cv-07131, N.D. Calif., 2018 U.S. Dist. LEXIS 204486).

  • December 7, 2018

    Borrower Asserts Lenders Violated UCL, TILA In California Superior Court

    SANTA ANA, Calif. — A borrower on Dec. 4 sued various mortgage entities in a California court, alleging that they violated California’s unfair competition law (UCL), the Truth in Lending Act (TILA) and other laws by failing to help him obtain a loan modification to prevent foreclosure (Carl Hardin v. Select Portfolio Servicing Inc., No. 2018-01035974, Calif. Super., Orange Co.).

  • December 6, 2018

    Judge Holds California Is Proper Forum For Injury Claims Against Nutribullet

    LOS ANGELES — A California federal judge on Dec. 4 rejected arguments by makers of blender products that New Zealand is the appropriate forum for a lawsuit brought by a consumer who asserts negligence, violation of California’s unfair competition law (UCL) and other claims in relation to alleged injuries she suffered, holding that the case should not be dismissed based on the doctrine of forum non conveniens (Elizabeth Flack v. Nutribullet, L.L.C., et al., No. 2:18-cv-05829, C.D. Calif., 2018 U.S. Dist. LEXIS 205356).

  • December 6, 2018

    9th Circuit Upholds Class Decertification In Suit Over Baby Formula

    SEATTLE — A trial court didn’t err in granting summary judgment or decertifying a class of consumers in a lawsuit over the advertised health benefits of Gerber Products Co. baby formula after the lead plaintiff failed to provide a sufficient basis for calculating restitution under California’s unfair competition law (UCL), False Advertising Law (FAL) and Consumer Legal Remedies Act (CLRA) or damages under the CLRA, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 14 (Oula Zakaria, et al. v. Gerber Products Co., et al., No. 17-56509, 9th Cir., 2018 U.S. App. LEXIS 32240).

  • December 5, 2018

    Borrower’s UCL, FDCPA Claims Not Supported By Facts, 9th Circuit Holds

    PASADENA, Calif. — A panel of the Ninth Circuit U.S. Court of Appeals on Dec. 3 affirmed dismissal of a foreclosure-related action filed by a borrower, holding that she failed to allege facts to support her claims for violations of the Fair Debt Collection Practices Act (FDCPA), California’s unfair competition law (UCL) and other causes of action (Alicia Johnson v. Ocwen Loan Servicing, LLC, et al., No. 18-55279, 9th Cir., 2018 U.S. App. LEXIS 33891).

  • December 5, 2018

    Nonprofit Game Charity Asserts Trademark, UCL Claims In Federal Court

    LOS ANGELES — A nonprofit organization that provides services in the gaming industry sued another gaming entity on Dec. 3 in a California federal court, asserting claims for trademark infringement and violation of California’s unfair competition law (UCL) in relation to the alleged use of its trademarks (GameChanger Charity v. PlayNext Inc., No. 8:18cv2142, C.D. Calif.).

  • December 4, 2018

    California Panel Affirms Confirmation Of Arbitral Award For Hockey Team

    SANTA ANA, Calif. — After holding that a former hockey team employee failed to assert counterclaims for violations of the California Labor Code and unfair competition law (UCL) in an arbitration and agreed to arbitrate employment disputes, a California appeals panel on Dec. 3 affirmed a decision confirming an award in favor of the team (Paul Vogelgesang v. Anaheim Ducks Hockey Club, LLC, No. G054654, Calif. App., 4th Dist., Div. 3).

  • December 3, 2018

    Judge: UCL Claim Properly Pleaded In Drug Price Case; Bulk Of Action Untimely

    SAN DIEGO — Allegations that a man paid higher prices for generic drugs as a result of a pharmacy’s two-tiered pricing scheme give him standing and adequately allege a California unfair competition law (UCL) violation for unfair conduct, but several of his claims appear untimely and must be dismissed, a federal judge in California held Nov. 20 (Robert Josten, et al. v. Rite Aid Corp., No. 18-152, S.D. Calif., 2018 U.S. Dist. LEXIS 198124).

  • November 29, 2018

    Trustee Alleges Insurers Inflated Costs, Asserts UCL, Elder Abuse Violations

    SAN FRANCISCO — A trustee for a survivor’s trust on Nov. 27 sued various insurers in a California federal court, alleging that they committed financial elder abuse and violated California’s unfair competition law (UCL) by grossly inflating the replacement costs of his grandparents’ property (Richard P. Parducci v. Overland Solutions, Inc., et al., No. 1:18cv7162, N.D. Calif.).

  • November 27, 2018

    9th Circuit Holds Nonprofit Lacked Standing To Bring UCL Claim Over Ritual

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Nov. 20 reversed a trial court’s ruling that a nonprofit organization that promotes respectful treatment of domestic fowl had standing to assert a claim for violation of California’s unfair competition law (UCL) against a nonprofit religious organization and its leader, holding that the organization failed to show that it suffered an injury in fact (United Poultry Concerns v. Chabad of Irvine, et al., No. 17-55696, 9th Cir., 2018 U.S. App. LEXIS 32835).

  • November 26, 2018

    9th Circuit Upholds Verdict For Boiron In Class Suit Over Homeopathic Treatment

    SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on Nov. 8 affirmed a jury verdict for the maker of a homeopathic treatment accused of selling nothing more than sugar pills on claims under California’s Consumer Legal Remedies Act (CLRA) and upheld the trial court’s refusal to hold a bench trial on claims under California’s unfair competition law (UCL), opining that the evidence provided was sufficient to allow a jury to conclude that the product actually treats the flu (Christopher Lewert, et al. v. Boiron Inc., et al., No. 17-56607, 9th Cir., 2018 U.S. App. LEXIS 31712).

  • November 26, 2018

    California Court Vacates Decision That Employer’s Class Waiver Was Unconscionable

    LOS ANGELES — A California appeals panel on Nov. 20 held that a trial court erred in holding that an arbitration provision in an employment contract was unenforceable due to a substantively unconscionable class action waiver, ordering that the ruling be vacated and instructing the trial court to compel arbitration of the former employee’s causes of action for violations of the California Labor Code and unfair competition law (UCL) (Maria Del Rosario Martinez v. Ready Pac Produce, Inc., No. B279225, Calif. App., 2nd Dist., Div. 3, 2018 Cal. App. Unpub. LEXIS 7841).

  • November 20, 2018

    California Federal Judge Remands Class Complaint Seeking Wages From Marriott

    LOS ANGELES — Citing too much speculation as to the amount in controversy, a California federal judge on Nov. 16 remanded a class complaint bringing California wage-and-hour and unfair competition law (UCL) claims against a hotel chain (Blanca Argella Arias v. Residence Inn, et al., No. 18-8818, C.D. Calif., 2018 U.S. Dist. LEXIS 196020).

  • November 19, 2018

    High Court Will Not Review Whether California Escrow Law Preempts NBA

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 19 denied a petition for writ of certiorari filed by a bank, declining to review an appeals court’s ruling that the National Bank Act (NBA) does not preempt state escrow interest law (Bank of America, N.A. v. Donald M. Lusnak, No. 18-212, U.S. Sup.).

  • November 19, 2018

    Judge Holds HOLA Preempts Borrowers’ UCL, HBOR Claims Against Bank

    SAN FRANCISCO — A California federal judge on Nov. 14 granted a bank’s motion to dismiss claims for violation of California’s Homeowners Bill of Rights (HBOR) and unfair competition law (UCL) asserted by borrowers, holding that their claims were preempted by the Home Owners' Loan Act (HOLA) (David Fowler, et al. v. Wells Fargo Bank, N.A., No. 18-cv-01254, N.D. Calif., 2018 U.S. Dist. LEXIS 194423).

  • November 16, 2018

    Judge Requests More Information On Contracts Before Ruling On ATM Fees

    SAN DIEGO — A California federal judge on Nov. 13 refused to dismiss a breach of contract claim asserted by customers who allege that they were wrongfully charged fees by a bank at its out-of-network automatic teller machines (ATM) and deferred a decision on claims for violation of California’s unfair competition law (UCL), conversion and other claims until further discovery on the parties’ underlying contracts is completed (Jacob Figueroa, et al. v. Capital One, N.A., No. 18cv0692, S.D. Calif., 2018 U.S. Dist. LEXIS 193522).

  • November 15, 2018

    California Panel: Right To Repair Act Bars Class Action Suit Over Valves

    LOS ANGELES — A California appeals panel on Nov. 14 ordered a trial court judge to vacate a portion of an earlier decision denying a valve maker’s anti-class certification motion, finding that the Right to Repair Act does not allow the plaintiffs to pursue class action claims under the statute because the product was manufactured offsite before being incorporated into the fixtures of their homes (Kohler Co. v. Superior Court of Los Angeles County, No. B288935, Calif. App., 2nd Dist., 4th Div., 2018 Cal. App. LEXIS 1026).

  • November 15, 2018

    Restaurant Worker Seeks Damages For UCL, Labor Violations In California Court

    SANTA ANA, Calif. — A former restaurant employee on Nov. 2 filed a proposed class action against her employer in a California court, asserting claims for violations of California’s Labor Code and unfair competition law (UCL) related to allegedly unpaid wages and other unfair business practices (Kathryn Cupp v. Perkins & Marie Callender’s, LLC, No. 2018-01030922, Calif. Super., Orange Co.).