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Mealey's California Section 17200

  • April 25, 2018

    Judge Grants Counsel’s Request To Withdraw, Finds Irreparable Breakdown

    LOS ANGELES — After finding that an irreparable breakdown has occurred between counsel and employers named in an action filed by former employees who assert claims for violation of California’s unfair competition law (UCL), fraud and other claims, a California federal judge on April 24 granted the employer’s counsel’s request to withdraw from the case (Graham Farrar, et al. v. Cupcake Digital Inc., et al., No. 2:16-cv-04677, C.D. Calif., 2018 U.S. Dist. LEXIS 69000).

  • April 20, 2018

    Man Alleges Used-Car Seller, Shell Reinsurer Involved In Fraud Scheme

    FRESNO, Calif. — A California man alleges in an April 17 complaint filed in a California trial court that a used-vehicle seller and its affiliates, including an illegal shell reinsurance company, are involved in three fraudulent schemes in the sale of used vehicles and violated California Business and Professions Code Section 17200 (Alejandra Ochoa-Gonzalez v. Paul Blanco’s Good Car Company Fresno Inc., et al., No. 18CECG01311, Calif. Super., Fresno Co.).

  • April 20, 2018

    Federal Judge Enters Default Ruling For Unlawful Broadcast, Awards Damages

    OAKLAND, Calif. — Although a California federal judge reduced the amount of damages a production company requested in relation to the unlawful broadcast of a licensed program, the judge on April 17 entered a default ruling against a restaurant owner on claims for conversion and violation of broadcasting law and dismissed a claim for violation of California’s unfair competition law (UCL) (J&J Sports Productions Inc. v. Rigoberto Mendoza-Lopez, No. 4:17-CV-05333, N.D. Calif., 2018 U.S. Dist. LEXIS 64755).

  • April 19, 2018

    California Panel Holds Assignment Was Not Void, Rejects Borrowers’ Appeal

    SAN FRANCISCO — A California appeals court on April 16 affirmed a trial court’s grant of summary judgment in favor of a loan servicer, trustee and successor trustee, finding that borrowers failed to show that a triable issue of fact existed to support a claim that the assignment of their loan was void (Christopher Baker, et al. v. CitiMortgage Inc., et al., No. A148458, Calif. App., 1st Dist., Div. 5, 2018 Cal. App. Unpub. LEXIS 2546).

  • April 18, 2018

    Claims Narrowed In Defective Electrolux Self-Cleaning Oven Class Suit

    FRESNO, Calif. — The plaintiffs in a class suit accusing Electrolux Home Products Inc. of advertising a self-cleaning feature for its ovens while knowing that the use of the feature will ruin the thermostat may proceed only with their unjust enrichment claim, a California federal judge ruled April 13, dismissing the plaintiffs’ other claims under California law for being insufficiently pleaded, including one for violation of that state’s unfair competition law (UCL) (Shelly Stewart, et al. v. Electrolux Home Products, Inc., No. 17-1213, E.D. Calif., 2018 U.S. Dist. LEXIS 63078).

  • April 17, 2018

    Judge Enters Default On Hot Sauce Maker’s UCL, Trademark Claims

    LOS ANGELES — After a hot sauce maker failed to respond to another hot sauce company’s claims for trademark infringement and violation of California’s unfair competition law (UCL), a California federal judge on April 16 entered a default judgment in favor of the company (Tapatio Foods LLC v. Ingrid Veronica Ponce, et al., No. 17-7530, C.D. Calif., 2018 U.S. Dist. LEXIS 31864).

  • April 16, 2018

    Borrowers Lacked Standing To Challenge Transfer; 9th Circuit Affirms Dismissal

    PASADENA, Calif. — After finding that borrowers lacked standing to challenge the assignment of the interest in their mortgage to a trust, the Ninth Circuit U.S. Court of Appeals on April 10 affirmed dismissal of their claims for violation of California’s unfair competition law (UCL), wrongful foreclosure and other causes of action against lenders and a loan servicer (Kanchana Karunaratne, et al. v. U.S. Bank, et al., No. 16-56803, 9th Cir., 2018 U.S. App. LEXIS 9307).

  • April 13, 2018

    Delta Did Not Violate UCL By Downgrading Passenger, Judge Rules

    LOS ANGELES — A California federal judge on April 10 granted an airline’s motion to dismiss claims for violation of California’s unfair competition law (UCL) and other claims, finding that a customer failed to allege how the airline’s decision to downgrade his ticket from first class caused him to suffer any substantial injury (Bryan Miller v. Delta Air Lines, et al., No. 2:18-cv-0218, C.D. Calif., 2018 U.S. Dist. LEXIS 60817).

  • April 12, 2018

    Inventor Seeks Dismissal Of Counterclaims Related To Glassware Feature Patents

    SEATTLE — An inventor on April 10 moved in a Washington federal court to dismiss counterclaims asserted against him in which a company and its owners seek declarations that they did not violate California’s unfair competition law (UCL), the Lanham Act and other laws in relation to allegedly copied patented designs (Elliot Kremerman v. Open Source Steel, LLC, et al., No. 2:17-cv-953, W.D. Wash., 2017 U.S. Dist. LEXIS 171735).

  • April 11, 2018

    Demurrer, Motion To Strike Denied In Women’s Gender Bias Complaint Against Google

    SAN FRANCISCO — A California state judge on March 27 overruled a demurrer and denied an alternative motion to strike filed by Google LLC in a class complaint accusing the company of gender-based wage discrimination and violation of California’s unfair competition law  (UCL) (Kelly Ellis, et al v. Google, LLC, No. CGC-17-561299, Calif. Super., San Francisco Co.).

  • April 10, 2018

    Judge Dismisses UCL, Implied Covenant Claims In Software Platform Lawsuit

    SAN FRANCISCO — A California federal judge on April 5 dismissed a claim for breach of the implied covenant of good faith and fair dealing asserted against a gift company and allowed the majority of the company’s counterclaims asserted against a software solutions company to proceed, with the exception of a claim for violation of California’s unfair competition law (UCL) (Pierry Inc. v. Thirty-One Gifts, LLC, No. 17-cv-03074, N.D. Calif., 2018 U.S. Dist. LEXIS 59365).

  • April 9, 2018

    Texas Man Opposes California Centralization Of Facebook Data-Sharing Suits

    WASHINGTON, D.C. — Opposing a motion seeking consolidation in California of the growing tally of class actions over the recently revealed incident in which millions of Facebook Inc.’s users’ profile information was shared with a third-party analytics firm, a Texas man on April 5 filed a brief in the Judicial Panel for Multidistrict Litigation (JPMDL) suggesting that his home state would make a better venue (In re Facebook User Profile Litigation, No. 2843, JPMDL).

  • April 6, 2018

    Judge Remands Former Manager’s UCL, FEHA Claims To California Court

    SANTA ANA, Calif. — After finding that a former store manager could establish a cause of action for harassment against her former boss, a California federal judge on April 4 granted her motion to remand her claims for violation of California’s unfair competition law (UCL) and the Fair Employment and Housing Act (FEHA) to a state court (Jannelle Dorame v. Sprint United Management Company, et al., No. 8:17-cv-01720, C.D. Calif., 2018 U.S. Dist. LEXIS 57747).

  • April 6, 2018

    Non-Misappropriation Claims Superseded By State Trade Secrets Law, Judge Rules

    SAN FRANCISCO — A technology company’s non-trade secret misappropriation claims against its competitor are preempted by the California Uniform Trade Secrets Act (CUTSA) and are not entitled to CUTSA supersession insofar as those claims rely on the competitor’s alleged misappropriation of the company’s trade secrets, a federal judge in California ruled April 3 in granting in part and denying in part the competitor’s motion to dismiss (Swarmify Inc. v. Cloudflare Inc., No. 17-6957, N.D. Calif., 2018 U.S. Dist. LEXIS 57035).

  • April 5, 2018

    Former Employee Asserts Wage, UCL Claims In California Court

    SAN MATEO, Calif. — A former sales representative for an information-technology services company on April 2 filed a class action complaint in a California superior court, asserting causes of action for violation of California’s labor code and unfair competition law (UCL) in relation to allegedly unpaid commissions (Brandon Williams v. Oracle America Inc., No. 18-01599, Calif. Super., San Mateo Co.).

  • April 4, 2018

    Claimant Seeks To Enjoin Unlawful Detainer Case In California Court

    SANTA ANA, Calif. — A claimant who alleges that she entered a written agreement with a friend to make monthly mortgage payments for the friend in exchange for sale proceeds on the property on March 23 filed a lawsuit in a California court, asserting claims for breach of contract and violation of California’s unfair competition law (UCL) (Ramona Novak v. Nancy G. Ashbach, ex rel., No. 30-2018-00981598, Calif. Super., Orange Co.).

  • April 4, 2018

    9th Circuit Upholds Dismissal Of Talent Agency’s UCL, Sherman Act Claims

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on March 30 affirmed a district court’s dismissal of a talent agency’s claims for violations of California’s unfair competition law (UCL) and the Sherman Act and a claim for intentional interference, finding that it failed to plausibly allege that two other larger agencies worked together to gain market dominance (Lenhoff Enterprises Inc., ex rel. v. United Talent Agency Inc., et al., No. 16-55739, 9th Cir., 2018 U.S. App. LEXIS 8124).

  • April 4, 2018

    Drug-Coding Company Asks 9th Circuit To Stay Case Pending Appeal

    PASADENA, Calif. — A drug-coding database on March 26 filed a petition for writ of mandamus in the Ninth Circuit U.S. Court of Appeals, requesting that the appeals court stay an underlying case filed by a pharmaceutical company that asserts claims for violation of California’s unfair competition law (UCL) and other state law claims against it, pending its appeal of a decision denying its motion to strike (Exeltis USA Inc. v. First Databank Inc., 18-70859, 9th Cir.).

  • April 3, 2018

    Judge Allows Amendment Of HBOR Claim Against Trustee, Grants Dismissal

    OAKLAND, Calif. — A California federal judge on April 2 dismissed claims for violation of California housing law and unfair competition law (UCL) asserted against a bank and trustee but allowed the borrower to amend her claim for violation against the trustee of a notice provision that provides that written notice must be given to a borrower of a transfer of rights or servicing when the borrower becomes obligated to pay a new entity (So Young Kang v. Wells Fargo Bank, N.A., et al., No. 16-cv-04309, N.D. Calif., 2018 U.S. Dist. LEXIS 56078).

  • April 2, 2018

    Federal Judge Finds Pepsi Labels Were Not Deceiving, Dismisses Class Claims

    SAN JOSE, Calif. — After finding that a reasonable consumer would not likely believe that various Pepsi products do not contain artificial ingredients and flavors, a California federal judge on March 29 granted the soda maker’s motion to dismiss claims against it for violation of California’s unfair competition law (UCL) and other California laws (Amy Maxwell v. Unilever United States Inc., et al., No. 5:12-cv-01736, N.D. Calif., 2018 U.S. Dist. LEXIS 54222).