Mealey's California Section 17200

  • November 22, 2017

    Uber Announces Massive Data Breach, Hit With Class Complaint

    LOS ANGELES — The same day Uber Technologies Inc. revealed in a Nov. 21 statement that it had experienced a data breach in late 2016, a class action complaint was filed against the ride-hailing firm in California federal court, alleging negligence, invasion of privacy and unfair competition (Alejandro Flores v. Rasier LLC, et al., No. 2:17-cv-08503, C.D. Calif.).

  • November 21, 2017

    Amended Class Complaint Filed Over Fraudulent TurboTax Filings

    SAN JOSE, Calif. — In the wake of orders partly dismissing their claims and compelling arbitration of some parties’ claims, the plaintiffs in a putative class action against Intuit Inc. filed an amended complaint in California federal court Nov. 17, restating negligence and unfair competition claims related to the filing of fraudulent tax returns by criminals that exploited purported lax security in Intuit’s TurboTax software (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).

  • November 20, 2017

    Insureds Claim Blue Shield Violated UCL In Denying Coverage For Prostheses

    LOS ANGELES — Insureds on Nov. 7 filed a class action complaint in a California court against an insurer, alleging that it violated California’s unfair competition law (UCL) when it denied coverage for certain lower limb prosthetic devices (Adam Viguers, et al. v. California Physicians’ Service, et al., No. BC682172, Calif. Super., Los Angeles Co.).

  • November 20, 2017

    Court Finds UCL, Labor Code Claims Are Not Subject To Arbitration

    SAN FRANCISCO — A California appeals court on Nov. 15 found that an employee’s claims for violation of the California Labor Code and California’s unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court’s decision refusing to compel arbitration of the claims (Christopher Silva v. Fry’s Electronics Inc., No. A146622, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 7875).

  • November 15, 2017

    Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

    SAN FRANCISCO — Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers — primarily females — suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).

  • November 15, 2017

    Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

    LOS ANGELES — After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California’s unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy M. Horner v. The Bank of New York Mellon, et al., No. 17-1489, C.D. Calif., 2017 U.S. Dist. LEXIS 187362).

  • November 15, 2017

    Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid

    SAN DIEGO — A plaintiff’s failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are “Made in U.S.A.” violates California law, a California federal judge ruled Nov. 13, finding that the plaintiff only needs to credibly allege that the amount coming from outside the United States is greater than 10 percent (Kenrick Claiborne v. Church & Dwight Co., Inc., No. 17-746, S.D. Calif., 2017 U.S. Dist. LEXIS 187343).

  • November 14, 2017

    California Court Affirms Dismissal Of UCL Claim Against Payment Services Firm

    LOS ANGELES — A California appeals court on Nov. 9 found that a lower court did not err when it sustained a county payment services company’s demurrer as to claims asserted by a user of the service for violation of California’s unfair competition law (UCL) and civil code, finding that the company did not violate any law when it charged a processing fee (Gina Wood v. Link2Gov Corp., No. B271920, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 7729).

  • November 9, 2017

    California Court Grants Judgment For Lender On Junk Fax Claims

    SAN DIEGO — A California federal judge on Nov. 6 granted summary judgment for a small business lender, finding that it did not violate California’s unfair competition law (UCL) and other state laws when it sent various small business owners “junk faxes” (David Meyer, et al. v. Capital Alliance Group, et al., No. 15-CV-2405, S.D. Calif., 2017 U.S. Dist. LEXIS 183690).

  • November 8, 2017

    Judge Enters Default, Awards Damages For Infringement Of Fitness Product Marks

    LOS ANGELES — A California federal judge on Nov. 6 entered a default ruling in favor of a health and fitness company on its claims for violation of California’s unfair competition law (UCL) and trademark infringement against a company that was selling its products online, awarding the owner of the trademarks $213,731.02 in damages and fees (Beachbody LLC v. Power Trade Direct, et al., No. 17-2093, C.D. Calif., 2017 U.S. Dist. LEXIS 183739).

  • November 6, 2017

    Judge Finds TILA Claim Under UCL Is Not A Basis For Jurisdiction, Remands

    LOS ANGELES — Although part of a borrower’s claim for violation of California’s unfair competition law (UCL) asserted a violation of the Truth in Lending Act (TILA), a California federal judge on Nov. 1 found that removal by a group of mortgage-related entities was improper and remanded the case to state court (Nathan D. La Moure v. Harborview Mortgage Loan Trust, et al., No. 5:17-cv-01966, 2017 U.S. Dist. LEXIS 182064).

  • November 3, 2017

    Judge Finds Pork Products’ Buyer Failed To Prove UCL Claim Related To Orders

    LOS ANGELES — After finding that the purchaser of allegedly defective pork products failed to show that the seller of the products violated California’s unfair competition law (UCL) or breached contracts for the sale and delivery of the products, a California federal judge on Nov. 1 dismissed its counterclaims with leave to amend (Pini USA Inc., et al. v. NB Global Commodities LLC, No. 2:17-CV-04763, C.D. Calif., 2017 U.S. Dist. LEXIS 181235).

  • November 3, 2017

    Cloud Provider Asserts UCL Claim In California Court Over Noncompete Agreements

    SAN JOSE, Calif. — Egnyte Inc. on Oct. 6 sued a competitor in a California state court, asserting claims for violation of California’s unfair competition law (UCL) and seeking a declaration that former employees of the competitor are not legally restricted from working for Egnyte under noncompetition agreements (Egnyte Inc., et al. v. Citrix Systems Inc., et al., No. 316926, Calif. Super., Santa Clara Co.).

  • November 2, 2017

    Judge Sets Jury Trial In Insurer’s Assignment-Of-Rights Case Against Provider

    FRESNO, Calif. — A jury must first decide whether insureds validly assigned their rights to health insurance coverage to a medical provider before the surviving claims can proceed to a jury or bench trial, a federal judge in California held Oct. 31 (John B. Hackert v. Cigna Health and Life Insurance Co., et al., Cigna Health and Life Insurance Co., et al. v. John B. Hackert, No. 15-1248, E.D. Calif.; 2017 U.S. Dist. LEXIS 180569).

  • November 2, 2017

    Judge Strikes Response To Audio Parts Seller’s Infringement, UCL Claims

    SACRAMENTO, Calif. — After finding that the sellers of audio components failed to properly respond to allegations that they infringed on trademarks and violated California’s unfair competition law (UCL) asserted by a competitor, a California federal judge on Oct. 31 struck their answer in its entirety with leave to amend (JL Audio Inc. v. Dia Saif, et al., No. 2:16-cv-00377, E.D. Calif., 2017 U.S. Dist. LEXIS 180576).

  • October 31, 2017

    California Court Vacates Dismissal Of Borrower’s UCL Claim, Remands Case

    SAN FRANCISCO — A California appeals court on Oct. 11 affirmed a trial court’s decision to grant demurrers filed by two lenders as to various claims asserted against them, including a cause of action for wrongful foreclosure, but reversed a decision as to a borrower’s claim for violation of California’s unfair competition law (UCL), finding sufficient allegations to support the claim (Gary Henriksen v. Nationstar Mortgage LLC, et al., No. A148298, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 6974).

  • October 31, 2017

    Judge Transfers Claims Related To Allegedly Defective Pressure Cooker

    FRESNO, Calif. — A California federal judge on Oct. 30 granted a joint motion by a purchaser and maker of an allegedly defective pressure cooker to transfer class action claims for violation of California’s unfair competition law (UCL) and breach of warranty to be consolidated with another action in an Ohio federal court, finding that both cases have been settled and should be combined to promote the efficient administration of justice (Edwina Pinon v. Tristar Products Inc., et al., No. 1:16-cv-00331, E.D. Calif., 2017 U.S. Dist. LEXIS 179566).

  • October 31, 2017

    Federal Judge Remands UCL, Negligence Claims Against Lender To California Court

    SAN DIEGO — After finding that the amount in controversy in a lawsuit filed by a homeowner in relation to a mortgage company’s alleged handling of her loan modification application did not meet the federal requirement, a California federal judge on Oct. 27 remanded the case to a state court (Carey M. Ainley v. PHH Mortgage, No. 17-01476, C.D. Calif., 2017 U.S. Dist. LEXIS 178625).

  • October 31, 2017

    LuLaRoe Consultants Seek $1B For RICO, UCL Class Claims

    RIVERSIDE, Calif. — Three women who signed on to be consultants with LuLaRoe LLC and sell the company’s leggings and other clothing products claim that they unknowingly were recruited into a pyramid scheme and filed a class complaint on Oct. 23 in a California federal court seeking $1 billion on multiple claims, including violations of the Racketeer Influenced and Corrupt Organizations Act and California’s unfair competition law (Aki Berry, et al. v. LuLaRoe, LLC, et al., No. 17-2176, C.D. Calif.).

  • October 30, 2017

    Defunct Taxi Company’s UCL Action Against Uber In Question After Dismissal

    SAN FRANCISCO — Whether Uber operates as a de facto taxi service in California and what rules govern its operations is a regulatory question best left for a state agency, a federal judge in California held Oct. 17.  The judge ordered the parties to meet to discuss whether the ruling left any portion of the company’s California unfair competition law (UCL) claim remaining (A White and Yellow Cab Inc. v. Uber Technologies Inc., et al., No. 15-05163, N.D. Calif., 2017 U.S. Dist. LEXIS 171795).