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Mealey's California Section 17200

  • June 22, 2018

    Judge Remands UCL, FCRA Claims Against Modeling Event Companies

    SAN JOSE, Calif. — A California federal judge on June 19 held that a woman who alleged that an employer’s background check violated her rights and affected her credit report lacked standing to sue for violations of the Fair Credit Reporting Act (FCRA), California’s unfair competition law (UCL) and other claims, but remanded the case to a state court for potential amendment of her causes of action (Sigrid Williams v. Nichols Demos Inc., et al., No. 5:17-cv-07101, N.D. Calif., 2018 U.S. Dist. LEXIS 103502).

  • June 22, 2018

    Borrower Failed To Show Lenders Violated UCL; 9th Circuit Affirms Dismissal

    SANTA ANA, Calif. — The Ninth Circuit U.S. Court of Appeals on June 19 affirmed a district court’s dismissal of a borrower’s claims for violation of California’s unfair competition law (UCL) and the California Homeowners Bill of Rights (HBOR), holding that she failed to allege that the practices of lenders were unfair or unlawful and that she challenged a foreclosure that had not yet occurred (Diane Weinsheimer v. Mortgage Electronic Registration Systems Inc., et al., No. 16-56725, 9th Cir., 2018 U.S. App. LEXIS 16511).

  • June 20, 2018

    Denny’s Employees Assert UCL, Labor Code Claims In California Court

    SAN FRANCISCO — A group of restaurant workers on June 18 sued the restaurant and its owner in a California state court, asserting claims for violation of California’s unfair competition law (UCL) and labor code (Pedro Mejia Garcia v. Nass Enterprise Inc., No. 567366, Calif. Super., San Francisco Co.).

  • June 19, 2018

    9th Circuit Affirms Dismissal Of UCL, HBOR Claims Related To Foreclosure

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a district court’s decision to grant judgment on the pleadings for lenders and a loan servicer, holding that her claims were barred by a two-year statute of limitations and that she had no viable claim for violation of California’s unfair competition law (UCL) (Pamela Rae v. Bank of America, N.A., et al., No. 17-55283, 9th Cir., 2018 U.S. App. LEXIS 16344).

  • June 19, 2018

    Wells Fargo’s $142M Unauthorized Account Settlement Is Granted Final Approval

    SAN FRANCISCO — A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).

  • June 15, 2018

    Consumer Claims Lender Violated UCL By Preventing Her From Making Online Payment

    SAN FRANCISCO — A purchaser of a vehicle who alleges that a lender made it impossible for her to make online payments and caused her to have a decreased credit score sued the lender on June 13  in a California state court, asserting causes of action for violation of the state unfair competition law (UCL) and breach of contract (Madeleine I. Turskey v. Ally Financial Inc., No. 18 -567229,  Calif. Super., San Francisco Co.).

  • June 14, 2018

    Judge Stays Employee’s Fair Labor Standards Act Suit Pending Arbitration

    SAN DIEGO — A federal judge in California on May 31 found that a Domino’s Pizza Corp. employee’s claims under the Fair Labor Standards Act (FLSA) should be arbitrated because an alternative dispute resolution (ADR) agreement is governed by the Federal Arbitration Act (FAA) and enforceable (John Ralph, et al. v. HAJ, Inc., et al., No. 17-cv-01332, S.D. Calif.).

  • June 14, 2018

    Judge Holds Purchaser Lacks Standing To Assert UCL, CLRA Claims Against Dunkin

    LOS ANGELES — A California federal judge on June 12 granted a doughnut maker’s motion to dismiss claims asserted by a customer in relation to the ingredients in the doughnuts, holding that the purchaser lacked standing to seek injunctive relief under California’s unfair competition law (UCL) and other California laws (Hrach Babaian v. Dunkin Brands Group Inc., et al., No. 17-4890, C.D. Calif., 2018 U.S. Dist. LEXIS 98673).

  • June 13, 2018

    Judge Denies Most Of Bank’s Motion To Dismiss Foreclosure-Related Claims

    SAN FRANCISCO — A California federal judge on June 11 granted a bank’s motion to dismiss a borrower’s claim for violation of California’s unfair competition law (UCL) for failure to state a claim, but allowed most of her claims to proceed, including a cause of action for breach of California’s Homeowners Bill of Rights (HBOR) (Ursula Ogamba v. Wells Fargo Bank, N.A., No. 2:17-cv-01754, E.D. Calif., 2018 U.S. Dist. LEXIS 97803).

  • June 13, 2018

    Panel Holds DA Can Seek Damages For UCL Violations Only In Elected County

    SAN DIEGO — A California appeals panel on May 31 granted a petition for relief filed by a group of pharmaceutical companies in relation to a district attorney’s allegations that they violated California’s unfair competition law (UCL) by engaging in a scheme to keep generic versions of a drug off the market, finding that a DA cannot seek monetary recovery for violations outside his elected county (Abbott Laboratories, et al. v. The Superior Court of Orange County, The People, ex rel., No. D072577, Calif. App., 4th Dist., 2018 Cal. App. LEXIS 507).

  • June 12, 2018

    Judge Holds UCL, TCPA Claims Against Bank Must Be Arbitrated

    SAN DIEGO — After finding that a consumer’s claims for unlawful conduct against a bank in violation of California’s unfair competition law (UCL) and other laws were directed only at him and not the public at large, a California federal judge on June 11 held that the causes of action were subject to arbitration and granted the bank’s motion to compel (Jesse Croucier v. Credit One Bank, N.A., et al., No. 18cv20, S.D. Calif., 2018 U.S. Dist. LEXIS 97756).

  • June 11, 2018

    Magistrate Judge Dismisses UCL, HBOR Claims Against Wells Fargo

    SAN FRANCISCO — A California federal magistrate judge on June 7 dismissed a borrower’s claims for violation of the California Homeowners Bill of Rights (HBOR) and California’s unfair competition law (UCL) with leave to amend, holding that she failed to plead sufficient facts to show that a lender violated the laws in relation to a loan modification (Julie Galvez v. Wells Fargo Bank, N.A., et al., No. 17-cv-06003, N.D. Calif., 2018 U.S. Dist. LEXIS 96300).

  • June 8, 2018

    Judge Allows UCL, Warranty Claims Over Single-Serve Coffee Filters To Proceed

    SAN DIEGO — A California federal judge on June 5 refused to dismiss claims for violation of California’s unfair competition law (UCL) and breach of warranty asserted by a consumer who alleges that a coffee filter’s label was misleading, finding that she pleaded sufficient allegations in support of her claims against the seller and maker of the filter (Gina Beckman v. Wal-Mart Stores Inc., et al., No. 17-cv-02249, S.D. Calif., 2018 U.S. Dist. LEXIS 95414).

  • June 6, 2018

    Mars Had No Duty To Disclose Child Labor; 9th Circuit Affirms Dismissal

    PASADENA, Calif. — After finding that a chocolate products maker had no duty to disclose on its labels the existence of child and slave labor in its supply chain, the Ninth Circuit U.S. Court of Appeals on June 4 affirmed dismissal of a purchaser’s claims for violation of California’s unfair competition law (UCL) and other California laws for failure to state a claim (Robert Hodson v. Mars Inc., et al., No. 16-15444, 9th Cir., 2018 U.S. App. LEXIS 15013).

  • June 6, 2018

    Court: UCL Claim Escapes ERISA Preemption, But Not Summary Judgment

    LOS ANGELES — Intentional tort claims escape ERISA preemption, but the failure to allege that insurance defendants denied payments specifically to assist a competing provider dooms a chiropractic care provider’s unfair competition law (UCL) claim, a California appeals court held in an opinion published June 1 (Port Medical Wellness Inc. v. Connecticut General Life Insurance Co., et al., No. B275874, Calif. App., 2nd Dist.).

  • June 5, 2018

    California Majority: Claims Against Employer Allege Occurrence Under CGL Policy

    SAN FRANCISCO — In answering a question of “exceptional importance” from the Ninth Circuit U.S. Court of Appeals, a majority of the California Supreme Court on June 4 found that third-party claims against an employer for negligent hiring, retention and supervision of its employee qualify as an "occurrence" under the employer's commercial general liability (CGL) policy (Liberty Surplus Insurance Corporation, et al. v. Ledesma and Meyer Construction Company, Inc., et al., No. S236765, Calif. Sup., 2018 Cal. LEXIS 4063).

  • June 5, 2018

    Magistrate Judge Approves Settlement Of UCL, Fraud Claims Over Trailer Sales

    SACRAMENTO, Calif. — A California federal magistrate judge on June 1 ordered a truck sales company and its owner to show cause as to why sanctions should not be issued against them for failure to pay a settlement agreement and recommended that the agreement in settlement of another company’s claims for violation of California’s unfair competition law (UCL), negligent misrepresentation and other causes of action be approved (Golden State Truck Sales Inc., et al. v. Bay Trailer Sales LLC, et al., No. 2:16-cv-580, E.D. Calif., 2018 U.S. Dist. LEXIS 92306).

  • June 5, 2018

    VidAngel To 9th Circuit: Studios’ Conspiracy Against Filterers Plausibly Alleged

    SAN FRANCISCO — Online video-filtering service provider VidAngel Inc. argues in a June 1 reply brief to the Ninth Circuit U.S. Court of Appeals that its antitrust counterclaims in a copyright dispute were wrongly dismissed because it plausibly alleged a conspiracy by the plaintiff movie studios to boycott filtering services despite public demand for such services (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 17-56665, 9th Cir.).

  • June 4, 2018

    Investor Voluntarily Dismisses Infringement, UCL Claims Related To Patents

    SEATTLE — A Washington federal judge on May 31 voluntarily dismissed an inventor’s trade dress and patent infringement claims asserted against a company and its owners in relation to an allegedly copied patent for glassware features, but granted his request to dismiss his claim for violation of California’s unfair competition law (UCL) without prejudice to refiling (Elliot Kremerman v. Open Source Steel, LLC, et al., No. 2:17-cv-953, W.D. Wash., 2017 U.S. Dist. LEXIS 171735).

  • June 1, 2018

    Employee Asserts UCL, Labor Code Violations In California Court

    SANTA ANA, Calif. — A former support staff employee on May 29 filed a class action complaint in a California state court against a rehabilitation center and its owner, alleging that they violated numerous California Labor Code sections and California’s unfair competition law (UCL) (Alex Martinez v. Recovery Bay Rehabilitation Center, LLC, No. 2018-00995738, Calif. Super., Orange Co.).