Mealey's California Section 17200

  • February 23, 2017

    Judge Orders BMW To Show Cause As To Why UCL Case Should Not Be Transferred

    LOS ANGELES — A California federal judge on Feb. 21 ordered a car manufacturer to show cause as to why its claims for violation of California's unfair competition law and trademark infringement should not be transferred to another venue (BMW of North America, LLC, et al. v. Michael Chambers, et al., No. 17-0846, C.D. Calif., 2017 U.S. Dist. LEXIS 24096).

  • February 22, 2017

    Judge Refuses To Strike Punitive Damages Claim Related To Ladder Collapse

    SAN FRANCISCO — A California federal judge on Feb. 21 refused to strike a claim for punitive damages asserted by the purchaser of an extension ladder who alleges that he fell and suffered serious injuries after it collapsed (William Evans v. Home Depot U.S.A. Inc., et al., No. 16-cv-07191, N.D. Calif., 2017 U.S. Dist. LEXIS 24171).

  • February 22, 2017

    Court Finds Borrowers Have No Standing To Challenge Foreclosure

    SAN FRANCISCO — A California appellate panel on Feb. 17 affirmed a ruling in favor of various lenders, finding that property owners failed to show that they had standing to challenge a foreclosure under a pooling and services agreement (Hanneke C. Gary R. Lohse, v. Nationstar Mortgage LLC, et al., No. A142814, Calif. App., 1st App., Div. 4, 2017 Cal. App. Unpub LEXIS 1210).

  • February 21, 2017

    Uber Customer’s Gratuity Class Settlement Is Granted Final Approval

    SAN FRANCISCO — A California federal judge on Feb. 16 granted final approval of a nearly $344,000 settlement to be paid to a class of Uber Technologies Inc. customers who allege that Uber wrongfully retained a portion of gratuity charges paid by passengers (Caren Ehret, et al. v. Uber Technologies, Inc., No. 14-113, N.D. Calif., 2017 U.S. Dist. LEXIS 22586).

  • February 16, 2017

    Judge Finds Truck Drivers Cannot Claim Damages Under Safe Harbor Provision

    FRESNO, Calif. — A California federal judge on Feb. 15 issued his findings of fact and conclusions of law on causes of action asserted by truck drivers in relation to wage and rest break claims, finding that judgment should be entered in favor of a transport company on all of its claims (Todd Shook, et al. v. Indian River Transport Co., No. 1:14-1415, E.D. Calif., 2017 U.S. Dist. LEXIS 21522).

  • February 16, 2017

    9th Circuit Upholds Class Certification In Credit Card Processing Dispute

    SAN FRANCISCO — A California federal court did not abuse its discretion in certifying two classes in a lawsuit accusing the lessors of “point of sale” credit and debit processing equipment of scheming to defraud small businesses, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 7 (Just Film, Inc., et al. v. Sam Buono, et al., No. 14-16132, Rainbow Business Services, DBA Prevision Tune Auto Care, et al. v. Sam Buono, et al., No. 14-16133, 9th Cir., 2017 U.S. App. LEXIS 2164).

  • February 16, 2017

    9th Circuit: Company Raised Material Triable Issues In Misappropriation Case

    PASADENA, Calif. — A company raised material triable issues as to whether its customer lists and financial information qualify as trade secrets, the Ninth Circuit U.S. Court of Appeal ruled Jan. 30 in an unpublished opinion that reversed in part summary judgment in favor of the defendant (Contemporary Services Corporation v. Landmark Event Staffing Services, Inc., et al. No. 14-56636, 9th Cir., 2017 U.S. App. LEXIS 1614).

  • February 15, 2017

    Federal Judge Allows Borrower’s Foreclosure-Related Claims To Proceed

    SACRAMENTO, Calif. — After finding that claims asserted by borrowers whose property was sold at a trustee's sale even though they allegedly received assurances from lenders that the loan was current were sufficiently pleaded, a California federal judge on Feb. 14 denied a lender's motion to dismiss the case (Charles Hawkins, et al. v. Bank of America N.A., et al., No.  2:16-cv-00827, E.D. Calif., 2017 U.S. Dist. LEXIS 20912).

  • February 14, 2017

    Judge Refuses To Dismiss Claims Arising From Diminished Timeshare Values

    SACRAMENTO, Calif. — After finding that the owners of interests in timeshare units at Lake Tahoe pleaded sufficient facts to support their claims for violation of California's unfair competition law (UCL) and other claims in relation to a diminished value in the properties, a California federal judge on Feb. 13 denied a motion filed by the owners and managers of the complex to dismiss the case (Thomas F. Reiser Jr., et al. v. Marriott Vacations Worldwide Corporation, No. 2:16-cv-00237, E.D. Calif., 2017 U.S. Dist. LEXIS 20127).

  • February 14, 2017

    Federal Judge Remands Company's UCL Claims Related To Trademark

    OAKLAND, Calif. — A California federal judge on Feb. 10 granted an exclusive licensee's motion to remand its claims for violation of California's unfair competition law (UCL) and other claims related to the alleged unauthorized use of a trademark, finding that it did not waive its right to remand the action (SWC Inc. v. Elite Promo Inc., No. 16-cv-07071, 2017 U.S. Dist. LEXIS 19513).

  • February 10, 2017

    Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products

    SAN DIEGO — A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).

  • February 10, 2017

    Data Breach Class Action Filed On Behalf Of Yahoo Small Business Clients

    SAN JOSE, Calif. — A customer of Yahoo! Inc.’s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers’ personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).

  • February 10, 2017

    Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

    SAN JOSE, Calif. — A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

  • February 9, 2017

    Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

    LOS ANGELES — A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).

  • February 8, 2017

    Judge Remands Class Claims Against Courier For Lack Of Jurisdiction

    SAN FRANCISCO — A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).

  • February 3, 2017

    California Court Finds No Facts To Support Claims Stemming From Loan Assignments

    SACRAMENTO, Calif. — A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew Kalnoki, et al. v. First American Trustee Servicing Solutions, LLC, et al., Nos. C073207, C075062, C079144, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 74).

  • February 2, 2017

    Clothing Retailer’s Dismissal Motion Denied In Deceptive Pricing Suit

    NEW YORK — Ann Inc. must provide answers to claims that it engages in a deceptive pricing and advertising scheme at its Ann Taylor Factory and LOFT Outlet stores, a New York federal judge ruled Jan. 24, denying the retailer’s motion to dismiss a class suit filed by two of its outlet stores’ customers (Siobhan Morrow, et al. v. Ann Inc., No. 16-3340, S.D. N.Y., 2017 U.S. Dist. LEXIS 9770).

  • February 2, 2017

    Wal-Mart Drivers Granted UCL Restitution In Minimum Wage Class Suit

    SAN FRANCISCO — A California federal judge on Jan. 25 granted in part a post-trial motion filed by a class of Wal-Mart Stores Inc. drivers who successfully brought minimum wage claims against their employer and awarded the plaintiffs nearly $5.9 million in restitution under California’s unfair competition law (UCL) (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-5221, N.D. Calif., 2016 U.S. Dist. LEXIS 10510).

  • February 2, 2017

    $67 Million Settlement Approved In Suit Over Allegedly Defective Solar Panels

    SAN FRANCISCO — A California federal judge on Dec. 22 granted final approval of a settlement by BP Solar International Inc. and Home Depot U.S.A. Inc. that is valued at more than $67 million, to end a class suit accusing the companies of marketing and selling defective solar panels (Michael Allagas, et al. v. BP Solar International, Inc., et al., No. 14-560, N.D. Calif.).

  • February 1, 2017

    5th Circuit Affirms Dismissal Of Title And TILA Claims Against Lenders

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 23 affirmed a district court's decision to grant summary judgment in favor of several mortgage lenders, finding that the borrowers did not hold superior title to the home and that their claim for violation of the Truth in Lending Act (TILA) was time-barred (Andrew Antony, et al. v. Federal Home Loan Mortgage Corp., et al., No. 16-20378, 5th Cir., 2017 U.S. App. LEXIS 1127).