Mealey's California Section 17200

  • April 24, 2017

    9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads

    SAN FRANCISCO — A California federal judge properly rejected a state law unfair competition plaintiff’s effort to apply the Lanham Act’s “establishment claim” standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on behalf of herself and all others similarly situated v. SanMedica International, No. 15-15496, 9th Cir., 2017 U.S. App. LEXIS 6995).

  • April 21, 2017

    Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M

    LOS ANGELES — A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

  • April 20, 2017

    Judge Dismisses Contract Claims Against Financial Adviser, Allows Amendment

    SAN FRANCISCO — A California federal judge on April 18 granted a motion filed by an investment advising company to dismiss claims for fraud and violation of California's unfair competition law (UCL) asserted by a technical services company and a wealth management company in relation to an underlying service agreement, finding that the claims lacked the required facts to support the allegations (SVGRP LLC, et al. v. Sowell Financial Services, LLC, et al., No.5:16-cv-07302, N.D. Calif., 2017 U.S. Dist. LEXIS 59271).

  • April 19, 2017

    Satellite Phone Firm’s Click Fraud Lawsuit Mostly Dismissed

    SAN DIEGO — A California federal judge on April 14 mostly granted a satellite phone company’s motion to dismiss a complaint alleging “click fraud” brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo LLC v. Whenever Communications LLC, et al., No. 3:17-cv-00192, S.D. Calif., 2017 U.S. Dist. LEXIS 57719).

  • April 17, 2017

    California Court Affirms Ruling For Lenders, Finds Record Is Inadequate

    LOS ANGELES — A California appellate court on April 5 rejected a borrower's appeal of a trial court's grant of summary judgment for a lender and a loan servicer on his claims for violation of California's unfair competition law (UCL), the Real Estate Settlement Procedures Act (RESPA) and other claims, finding that he did not provide the court with an adequate record on appeal (Payman Emamian v. Nationstar Mortgage, et al., No. B271942, Calif. App., 2nd Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 2367).

  • April 13, 2017

    Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery

    SAN JOSE, Calif. — A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).

  • April 13, 2017

    Judge Finds Company In Contempt For Unlawfully Selling Domain Names

    LOS ANGELES — A California federal judge on April 10 granted a motion filed by a company that alleges that another entity violated California's unfair completion (UCL) and false advertising laws when it sold trademarked domain names, finding the company in contempt of a temporary restraining order and injunction (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

  • April 12, 2017

    Judge Finds Lenders And Trust Did Not Violate California Housing Law

    SAN FRANCISCO — A California federal judge on April 10 dismissed a borrower's claims for violation of California's unfair competition law (UCL), negligence and other claims related to foreclosure proceedings, finding that she failed to show that she was not notified of a denial of a loan modification or that the lenders and loan servicers owed her a duty of care (Lisa McCarthy v. Servis One Inc., et al., No. 17-cv-00900, N.D. Calif., 2017 U.S. Dist. LEXIS 54649).

  • April 11, 2017

    Judge Urges Resolution After $454M Surgical Gown Verdict For California Class

    LOS ANGELES — Moments after a California federal jury returned a $454 million verdict in a California class action trial involving MicroCool surgical gowns, the judge on April 7 urged the parties to try to resolve the dispute to avoid having the matter go on “for many years further after today’s verdict” (Bahamas Surgery Center, LLC, et al. v. Kimberly Clarke Corporation, et al., No. 14-8390, C.D. Calif.).

  • April 11, 2017

    Judge Allows Some Claims In Suit Alleging Stem Cell Treatments Are Scam

    SAN DIEGO — Customers of a stem cell therapy business sufficiently plead that the business advertised false and misleading information on its website about consumer satisfaction rates in a way that was deceptive to potential customers, though they must amend their class claims that the business misrepresented the efficacy of its treatments if those claims are to proceed, a California federal judge held April 6 (Selena Moorer, et al. v. StemGenex Medical Group, Inc., et al., No. 3:16-cv-02816, S.D. Calif., 2017 U.S. Dist. LEXIS 53294).

  • April 10, 2017

    Judge Grants Motion To Strike Punitive Damages Claim Related To Car Issues

    FRESNO, Calif. — A California federal judge on April 7 granted a motion filed by Ford Motor Co. to strike a consumer's punitive damages claim, finding that her claims under California's unfair competition law (UCL) and other claims do not allow for punitive damages (Beverly J. Marshall v. Ford Motor Company, et al., No. 1:17-CV-0006, E.D. Calif., 2017 U.S. Dist. LEXIS 53935).

  • April 10, 2017

    $454M Verdict Returned By Federal Jury In California Surgical Gown Fraud Trial

    LOS ANGELES — A California federal jury on April 7 returned a $454 million verdict in a California class action trial alleging that defendants Kimberly-Clark Corp. and spinoff Halyard Health Inc. sold surgical gowns that did not meet standards for protecting operating room personnel from bodily fluids (Bahamas Surgery Center, LLC, et al. v. Kimberly Clarke Corporation, et al., No. 14-8390, C.D. Calif.).

  • April 10, 2017

    California High Court Finds Arbitration Provision Is Contrary To Public Policy

    LOS ANGELES — The California Supreme Court on April 6 reversed a court's ruling that the Federal Arbitration Act (FAA) does not preempt a rule that provides that arbitration agreements for public injunctive relief under California's unfair competition law (UCL) and false advertising law are not enforceable in California, remanding a credit card user's allegations related to marketing of the card against the lender for further review (Sharon McGill v. Citibank, N.A., No. S224086, Calif. Sup., 2017 Cal. LEXIS 2551).

  • April 7, 2017

    Federal Judge Finds No Facts Showing Loan Transfer Was Void

    SAN DIEGO — A California federal judge on April 5 dismissed numerous claims asserted by a property owner, including causes of action for violations of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA), finding that he failed to plead the claims with the required specificity (Fernando D. Lopez v. Wells Fargo, N.A., et al., No. 16-cv-0811, S.D. Calif., 2017 U.S. Dist. LEXIS 52527).

  • April 5, 2017

    Judge Refuses To Grant Request For Interlocutory Appeal Of Ruling For CrossFit

    SAN DIEGO — After determining that the National Strength and Conditioning Association (NSCA) failed to show that a lawsuit in which the owner of a workout program asserted violations of the Lanham Act and California's unfair competition law (UCL) in relation to data published by NSCA did not constitute the type of "exceptional" case that would warrant certifying an interlocutory appeal, a California federal judge on April 3 rejected the association’s request to appeal a summary judgment ruling (Crossfit Inc. v. National Strength and Conditioning Association, No. 14cv1191, S.D. Calif., 2017 U.S. Dist. LEXIS 50719).

  • April 3, 2017

    Judge Dismisses UCL Claims Related To Allegedly Unfair Rental Late Fees

    SAN DIEGO — A California federal judge on March 31 granted a real estate company's motion to dismiss claims that it violated California's unfair competition law (UCL) when it charged a tenant a late fee, finding that the tenant failed to show that the fees were not practicable (Jordan Kohler v. Greystar Real Estate Partners, LLC, No. 15-cv-02195, S.D. Calif., 2017 U.S. Dist. LEXIS 49762).

  • March 31, 2017

    Judge Stays UCL And Other Claims Pending Review By Arbitrator

    SAN DIEGO — A California federal judge on March 28 compelled claims for violation of breach of contract, violation of California's unfair competition law (UCL) and other causes of action to arbitration under a cable services agreement, finding that questions underlying the dispute must be decided by an arbitrator (Michael Song v. Charter Communications Inc., et al., No. 17cv325, S.D. Calif., 2017 U.S. Dist. LEXIS 45972.)

  • March 30, 2017

    Court Finds Release On Employment Termination Was Not Defamatory

    LOS ANGELES — After finding that a former president and founder of a clothing company failed to show that he would likely succeed on the merits of his claims at trial, a California court on March 28 affirmed judgment in favor of an investment firm on his claims for defamation and violation of California's unfair competition law (UCL) (Dov Charney v. Standard General, L.P., et al., No. B268928, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. LEXIS 274).

  • March 29, 2017

    California Federal Judge: Supplement Labeling Class Suit Belongs In State Court

    SAN DIEGO — A class lawsuit over nutritional supplement labeling belongs in state court because the combined amount in controversy is less than $5 million, even when a 25 percent attorney fee award is included, a California federal judge ruled March 24, rejecting arguments by both sides that the case should remain in federal court (Paige Petkevicius, et al. v. NBTY, Inc., et al., No. 14-2616, S.D. Calif., 2017 U.S. Dist. LEXIS 43636).

  • March 29, 2017

    Judge Finds Lack Of Standing To Assert UCL Claim Against Popcorn Maker

    SAN DIEGO — A California federal judge on March 27 dismissed a consumer's amended complaint in which she asserted violation of California's unfair competition law (UCL) and other claims related to partially hydrogenated vegetable oils in popcorn that she purchased, finding that the pleading contained the same defects as the original complaint (Jacquelyn McGee v. Diamond Foods Inc., No. 14cv2446, S.D. Calif., 2017 U.S. Dist. LEXIS 44723).