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Mealey's California Section 17200

  • September 19, 2017

    Judge Refuses To Dismiss UCL, Warranty Claims Regarding Coconut Oil Labeling

    SAN DIEGO — After finding that a consumer sufficiently pleaded that she relied on various representations regarding the health benefits of coconut oil, a California federal judge on Sept. 18 denied a motion filed by the maker of the product to dismiss the purchaser’s claims for violation of California’s unfair competition law (UCL) and other causes of action (Syndi Tracton v. Viva Labs Inc., No. 16-cv-2772, S.D. Calif., 2017 U.S. Dist. LEXIS 151178).

  • September 19, 2017

    9th Circuit Reverses Class Decertification In Aphrodisiac Supplement Suit

    PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court’s decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion when it based its decision on the lead plaintiff’s inability to provide restitution damages through the full refund model (Troy Lambert, et al. v. Nutraceutical Corp., No. 15-56423, 9th Cir., 2017 U.S. App. LEXIS 17923).

  • September 19, 2017

    Google AdWords User Opposes Dismissal Of Unfair Competition Claims

    SAN JOSE, Calif. — In a Sept. 15 brief in California federal court, a customer of Google Inc.’s AdWords program argues that he sufficiently alleged unfair competition and false advertising claims based on click fraud charges he incurred due to Google’s misrepresentations about the frequency of and protection against fraudulent clicks (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.).

  • September 18, 2017

    Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers’ Suit

    SAN FRANCISCO — A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-cv-05221, N.D. Calif., 2017 U.S. Dist. LEXIS 149440).

  • September 18, 2017

    Judge Rejects Request To Disqualify Counsel In Town Center Development Dispute

    SACRAMENTO, Calif. — A California federal judge on Sept. 14 denied a developer’s request to disqualify counsel hired by a tenant who asserts claims for breach of contract and violation of California’s unfair competition law (UCL) in relation to two leases, finding that the counsel did not complete any ongoing work for the developer after obtaining the tenant as a client (Regal Cinemas Inc. v. Shops at Summerlin North LP, et al., No. 2:16-cv-02854, E.D. Calif., 2017 U.S. Dist. LEXIS 149497).

  • September 15, 2017

    Settlement Agreements With Ford Over Trucks Were Valid, Judge Rules

    OAKLAND, Calif. — After finding that two purchasers of vehicles entered valid settlements with a vehicle maker in relation to the return of their trucks, a California federal judge on Sept. 13 granted summary judgment in favor of the dealer on all of the buyers’ claims, including violation of California’s unfair competition law (UCL) (Michael J. Sansoe, et al. v. Ford Motor Co., No. 13-cv-5043, N.D. Calif., 2017 U.S. Dist. LEXIS 148617).

  • September 14, 2017

    Judge Grants Discovery Request Related To Illegal Amazon, EBay Sales

    SAN FRANCISCO — A California federal judge on Sept. 1 granted a motion filed by a distributor of trademarked and copyrighted products and designs that alleges that a retailer violated trademark law and California’s unfair competition law (UCL) by selling counterfeited items online, granting its request for limited discovery from online retailers regarding the defendant’s sales and aliases (Jessie Steel, Inc. v. Linda Ann Henderson, No. 17-cv-02179, N.D. Calif., 2017 U.S. Dist. LEXIS 142167).

  • September 14, 2017

    Judge Refuses To Strike Class Allegations, Finds UCL Claims Are Representative

    SAN FRANCISCO — Since a construction company seeks to assert claims for violation of California’s unfair competition law (UCL) as representative claims under state law, rather than as class claims under federal law, a California federal judge on Sept. 12 denied an insurer’s motion to strike parts of the company’s complaint filed against it in relation to its issuance of general liability insurance policies (Albert D. Seeno Construction Company, et al. v. Aspen Insurance UK Limited, No. 17-cv-03765, N.D. Calif., 2017 U.S. Dist. LEXIS 147646).

  • September 14, 2017

    Judge Finds No Support For Drugmaker’s UCL, Antitrust Claims

    SACRAMENTO, Calif. — After finding that a biotechnology company failed to show that it is a current or potential competitor of a company that uses the same pharmaceutical ingredient in its product, a California federal judge on Sept. 12 dismissed its claims for violation of California’s unfair competition law (UCL) and other causes of action (Ixchel Pharma LLC v. Biogen Inc., No. 2:17-00715, E.D. Calif., 2017 U.S. Dist. LEXIS 147742).

  • September 13, 2017

    Judge: UCL Claims Against Wells Fargo For Collection Of Interest Can Stand

    OAKLAND, Calif. — After finding that the majority of a borrower’s claims for violation of California’s unfair competition law (UCL) in relation to a bank’s collection of mortgage post-payment interest were properly pleaded, a California federal judge on Sept. 11 denied the majority of the bank’s motion to dismiss the borrower’s complaint (Vana Fowler v. Wells Fargo Bank, N.A., No. 17-cv-02092, N.D. Calif., 2017 U.S. Dist. LEXIS 146732).

  • September 13, 2017

    California Yoga Studios Owner To Settle Instructors’ Wage Claims For $1.4M

    OAKLAND, Calif. — A California federal judge on Sept. 11 granted preliminary approval of a $1.4 million settlement to be paid by the owner of California yoga studios that is accused of failing to fully compensate its instructors for all work and failing to provide overtime, meal and rest breaks (Shauna Barnard v. CorePower Yoga LLC, No. 16-3861, N.D. Calif., 2017 U.S. Dist. LEXIS 146745).

  • September 12, 2017

    Judge Dismisses Claims Related To Infringement Of Jewelry Trademarks

    SAN FRANCISCO — After finding a lack of federal and subject matter jurisdiction, a California federal judge on Sept. 8 granted a jewelry maker’s motion to dismiss claims related to alleged intellectual property infringement but granted a jeweler leave to file a third amended complaint to assert claims for violation of the Declaratory Judgment and Lanham acts (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 145865).

  • September 12, 2017

    Panel Finds Wrongful Use Of Property Under Elder Abuse Act, Reverses Ruling

    SAN FRANCISCO — A California appeals panel on Aug. 23 reversed and remanded a lower court’s decision that dismissed claims for negligence and violation of California’s unfair competition law (UCL), finding that insureds sufficiently alleged that their insurable interest was a property right under the Elder Abuse and Dependent Adult Civil Protection Act (Frederick Mahan, et al. v. Charles W. Chan Insurance Agency, Inc., et al., No. A147236, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 507).

  • September 12, 2017

    Judge Says It’s Too Early To Dismiss Energy Firm’s Claims Related To Billing

    SAN FRANCISCO — Applying the reasoning in a nearly identical lawsuit, a California federal judge on Sept. 8 refused to dismiss an energy provider’s claims for violation of the Racketeer Influenced and Corrupt Organizations Act and California’s unfair competition law (UCL) in relation to a gas and electric company’s alleged unlawful billing practices (Vista Energy Marketing v. Pacific Gas & Electric Company, et al., No. 16-cv-04019, N.D. Calif., 2017 U.S. Dist. LEXIS 145911).

  • September 8, 2017

    Judge Finds No Support For UCL Claim Against Chase, Grants Dismissal

    SAN JOSE, Calif. — After finding that a borrower failed to allege facts to support his claims for violation of California’s unfair competition law (UCL) and civil code, a California federal judge on Sept. 6 granted a bank’s motion to dismiss the claims with leave to amend (Chris Monet v. JPMorgan Chase Bank, N.A., et al., No. 17-CV-00623, N.D. Calif., 2017 U.S. Dist. LEXIS 143419).

  • September 7, 2017

    Judge Finds No Support For UCL Claim Against Chase, Grants Dismissal

    SAN JOSE, Calif. — After finding that a borrower failed to allege facts to support his claims for violation of California’s unfair competition law (UCL) and civil code, a California federal judge on Sept. 6 granted a bank’s motion to dismiss the claims with leave to amend (Chris Monet v. JPMorgan Chase Bank, N.A., et al., No. 17-CV-00623, N.D. Calif., 2017 U.S. Dist. LEXIS 143419).

  • September 7, 2017

    Most Claims Against Apple In IPhone App Privacy Suit Voluntarily Dismissed

    SAN FRANCISCO — A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).

  • September 7, 2017

    Class Claims Over Yahoo Data Breaches Partly Dismissed By Federal Judge

    SAN JOSE, Calif. — In a detailed 93-page ruling, U.S. Judge Lucy H. Koh of the Northern District of California on Aug. 30 dismissed some of the claims in a consolidated putative class action over large-scale data breaches experienced by Yahoo Inc., with some unfair competition and breach of contract claims surviving (In re:  Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.; 2017 U.S. Dist. LEXIS 140212).

  • September 6, 2017

    Judge Finds Federal Court Has Jurisdiction Over UCL, Breach Of Contract Claims

    SACRAMENTO, Calif. — After finding that complete diversity jurisdiction exists and that the amount in controversy requirement was met, a California federal judge on Sept. 5 refused to remand claims for violation of California’s unfair competition law (UCL) and breach of contract asserted by borrowers against several banks (Katie Way, et al. v. JP Morgan Chase Bank, N.A., et al., No. 2:16-cv-02244, E.D. Calif., 2017 U.S. Dist. LEXIS 143421).

  • September 6, 2017

    Dealer Did Not Breach UCL In Charging Fees, Federal Judge Rules

    OAKLAND, Calif. — After finding that the lessor of a vehicle failed to show that a dealership breached a lease agreement with him, a California federal judge on Sept. 1 dismissed his claims for violation of California’s unfair competition law (UCL) and dismissed cross-claims asserted by another dealer that was alleged to have accepted assignment of the lease contract (Weerachai Chaiwong v. Hanlees Fremont Inc., et al., No. 16-cv-04074, N.D. Calif., 2017 U.S. Dist. LEXIS 142318).