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Mealey's California Section 17200

  • September 17, 2021

    Bank Says No ‘Duty Of Care’ Owed To Family Claiming It Pocketed $40,000

    SAN FRANCISCO — Several Citigroup affiliates argue in a Sept. 16 reply brief in support of their motion to dismiss a first amended complaint brought by a man and his elderly parents that they owed no duty of care to the plaintiffs as the servicer of a home equity line of credit (HELOC) and that the family failed to sufficiently plead any violation of California’s unfair competition law (UCL).

  • September 16, 2021

    Graffiti Artists Say Apparel Company Wrongly Used Mural In Ads

    LOS ANGELES — Two artists on Sept. 14 filed a complaint in California federal court alleging that an apparel company violated federal trademark law and California’s unfair competition law (UCL) by using images of their graffiti mural in its advertisements.

  • September 16, 2021

    UCL Claim Dismissed In Class Suit Against Apple Over Siri Recordings

    SAN JOSE, Calif. — Consumers accusing Apple Inc. in a putative class complaint of unlawfully obtaining unauthorized recordings of communications via its preinstalled digital assistant, Siri, have failed to allege economic injury, a federal judge in California ruled Sept. 2, partially granting Apple’s motion and dismissing a claim under California’s unfair competition law (UCL).

  • September 16, 2021

    4 Class Cases Alleging Hyundai, Kia Engine Defect Consolidated

    SANTA ANA, Calif. — A federal judge in California on Sept. 8 consolidated four class complaints alleging that certain models of Hyundais and Kias have defective engines that can spontaneously ignite and appointed interim co-lead counsel and settlement counsel.

  • September 14, 2021

    Judge Dismisses Businessman’s UCL, Trademark Claims Against Facebook

    OAKLAND, Calif. — A federal magistrate judge on Sept. 10 dismissed with prejudice a businessman’s claims that Facebook Inc. violated California’s unfair competition law (UCL) and federal trademark laws by using his “Face” trademark, ruling that the businessman released all claims when he sold Facebook his trademark in 2008 and that his time-barred state law claims could not be tolled due to an alleged period of mental disability.

  • September 14, 2021

    Hospitals, Kaiser Health Brief California Court On Emergency Care Payments

    LOS ANGELES — Amici curiae on Aug. 6 capped briefing from a hospital group and two Kaiser entities in an appeal over how a California trial judge’s unfair competition law (UCL) and other rulings excluding evidence produced a verdict that the insurer properly compensated providers for emergency care.

  • September 14, 2021

    9th Circuit Affirms Summary Judgment For Pop Warner In Head Injury Suit

    PASADENA, Calif. — Two parents of youth football players diagnosed with chronic traumatic encephalopathy (CTE) post-mortem failed to show that the football program in which they participated was “likely” to have caused their deaths, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 10, affirming a summary judgment ruling for the program on claims brought under California law but ordering that the complaint be amended nunc pro tunc to reflect the state in which the parents are citizens.

  • September 13, 2021

    Apple Mostly Prevails In Fortnite, App Store Monopoly Spat With Epic Games

    SAN FRANCISCO — In a lengthy and detailed ruling on Sept. 10 largely favoring Apple Inc., a California federal judge found that monopolization and restraint of trade claims brought by Epic Games Inc. related to the inclusion of its game Fortnite in Apple’s App Store failed, while determining that Apple did act anti-competitively under California’s unfair competition law (UCL), leading her to issue an injunction requiring Apple to permit app developers to communicate with consumers about alternate methods of making in-app purchases (IAPs) other than exclusively through the App Store.

  • September 10, 2021

    9th Circuit Affirms Most Of Theranos, Walgreens Consumer Class Certification

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 8 affirmed almost entirely certification of a class of plaintiffs who say they were injured by former blood testing startup Theranos Inc. and one-time Theranos partner Walgreens pharmacy.

  • September 09, 2021

    Panel Says Influencer Can’t Raise Anti-SLAPP Defense To Libel, UCL Claims

    LOS ANGELES — A California appellate panel on Sept. 3 affirmed the denial of a social media influencer’s special motion to strike a lawsuit brought against him by a bakery for libel, slander and violation of California’s unfair competition law (UCL) after he excoriated the bakery online for a cake it made for his son’s birthday, finding that the influencer’s statements did not pertain to any public interest.

  • September 09, 2021

    Judge: Alleged Counterfeiters Liable For Juul’s Trademark, UCL Claims

    LOS ANGELES — A California federal judge on Aug. 30 granted summary judgment in favor of Juul Labs Inc. (JLI) on its claims for violation of federal trademark statutes and California’s unfair competition law (UCL) against a Chinese national and his companies in relation to the sales of counterfeit Juul products but said material facts remain in dispute regarding damages.

  • September 03, 2021

    Judge Dismisses Putative Class Action UCL Claim Against Shampoo Maker

    SAN FRANCISCO — A California federal judge on Aug. 31 dismissed with leave to amend a consumer’s lawsuit alleging that a shampoo and conditioner manufacturer violated California’s unfair competition law (UCL) and other state laws based on its labeling and use of the word “Naturefusion” after finding that the plaintiff failed to allege that a reasonable consumer would believe hair products were made with natural ingredients.

  • August 31, 2021

    Injunctive Relief Class Settlement Reached In Case Over Thread Counts

    OAKLAND, Calif. — A federal judge in California on Aug. 27 granted preliminary approval to an injunctive relief-only class settlement in a lawsuit accusing a discount retailer of violating state and federal laws, including California Business and Professions Code Section 17200, by selling bedding that is allegedly falsely labeled as having higher thread counts.

  • August 30, 2021

    Amended Complaints Filed In Consolidated Antitrust Suit Over Google Play Store

    SAN FRANCISCO — A group of consumers who are suing Google LLC for antitrust and monopolization related to its sale of apps and in-app purchases in its Google Play Store filed an amended class complaint in California federal court on Aug. 27, following in the footsteps of amended complaints recently filed by Epic Games Inc. and two app developers, which are fellow plaintiffs in the consolidated lawsuit.

  • August 30, 2021

    9th Circuit Reverses Dismissal Of Dispute Over Beauty Trademarks

    SAN FRANCISCO — In an Aug. 27 holding, the Ninth Circuit U.S. Court of Appeals ruled in a trademark case that the exercise of nationwide jurisdiction over a nonresident defendant does not violate due process where the defendant’s contacts with the United States were extensive.

  • August 26, 2021

    Hospital Group Can’t Resuscitate UCL, Other Claims In Arbitration Award Appeal

    LOS ANGELES — A health care provider inaccurately claims that an arbitration panel found standing lacking for a California unfair competition law (UCL) claim when in reality it proceeded to address the merits and found an insurer’s overpayments defeated restitution claims, a California appeals court held Aug. 24 in affirming a ruling awarding millions of dollars to the insurer.

  • August 26, 2021

    Judge Dismisses Amputee's Claims Against Machine Manufacturer, Rental Company

    SACRAMENTO, Calif. — A California federal judge on Aug. 23 dismissed the bulk of claims, including for violation of California’s unfair competition law (UCL), brought by an individual who sued the manufacturer of a mini excavator and the rental company he leased it from after he sustained leg injuries that required amputation while using the machine, with the judge finding most of the plaintiff’s claims insufficiently alleged.

  • August 26, 2021

    Panel: Claims Time-Barred Despite Attorney’s Death And COVID-19 Interruptions

    LOS ANGELES — A California appellate panel on Aug. 24 affirmed the dismissal of claims against three medical entities for elder abuse and violation of California’s unfair competition law (UCL) as time-barred, ruling that the appellant did not prove that it was impossible for him to have brought the case to trial within five years of the filing of the complaint despite the death of one of his attorneys and court closures caused by COVID-19.

  • August 26, 2021

    After Arbitration Ruling, Remaining Plaintiffs Amend Privacy Claims Against Ring

    LOS ANGELES — Two months after a California federal judge stayed, in favor of arbitration, claims brought against Ring LLC by plaintiffs who purchased a product from or created an account with the company, the remaining nonpurchaser plaintiffs on Aug. 23 filed a second amended class complaint (SAC) in which they accuse the security device company of an “egregious failure to provide the safety and security it ostensibly promises its customers,” alleging claims for negligence, invasion of privacy and unfair competition.

  • August 24, 2021

    Judge Dismisses Claims Against Facebook For Discriminatory Targeted Housing Ads

    SAN FRANCISCO — A California federal judge on Aug. 20 dismissed with prejudice a third amended complaint alleging that Facebook violated California and New York laws and federal housing law through the posting of allegedly discriminatory targeted housing ads, writing that the plaintiffs failed to allege facts plausibly establishing that they were harmed by the ads.