Mealey's California Section 17200

  • January 03, 2019

    Panel Affirms Dismissal Of UCL, Other Claims Over Employer’s Drug Testing

    SAN FRANCISCO — A California panel on Dec. 28 affirmed trial court rulings that dismissed claims for violations of California’s unfair competition law (UCL) and state constitution asserted by union members in relation to an employer’s random drug-testing practices, holding that the claims were preempted under the Labor Management Relations Act (LMRA) (Hezzack Daniels, et al. v. Recology, Inc., et al., No. A141999, Calif. App., 1st Dist., Div. 3, 2018 Cal. App. Unpub. LEXIS 8824).

  • January 02, 2019

    Judge Dismisses UCL, Foreclosure-Related Claims For Lack Of Jurisdiction

    SAN DIEGO — After a borrower voluntarily dismissed the only federal law claims asserted against a bank, a California federal judge on Dec. 27 refused to exercise jurisdiction over her remaining state law claims against other lenders, including causes of action for wrongful foreclosure and violation of California’s unfair competition law (UCL) (Kathy Westfall v. Mortgage Electronic Registration Systems, Inc., et al., No. 3:15-cv-01403, S.D. Calif., 2018 U.S. Dist. LEXIS 216867).

  • January 02, 2019

    Federal Judge Holds Borrower Did Not Show Causation On UCL Claim

    SAN FRANCISCO — A California federal judge on Dec. 28 dismissed claims asserted by a borrower for violations of California’s Homeowner’s Bill of Rights (HBOR), unfair competition law (UCL) and Rosenthal Fair Debt Collection Practices Act (RFDCPA) with partial leave to amend, holding that he failed to show causation as to the UCL claim and that he failed to plead sufficient facts to support his claims against lenders (John Batieste Greene, Jr. v. Wells Fargo Bank, N.A., et al., No. 18-cv-06689, N.D. Calif., 2018 U.S. Dist. LEXIS 217597).

  • January 02, 2019

    Panel Holds Evidence Showed Advertising Could Be False Under UCL, CLRA

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Dec. 26 reversed a summary judgment decision in favor of the sellers of supplements in which a consumer asserted claims for violations of California’s unfair competition law (UCL) and the Consumer Legal Remedies Act (CLRA), holding that the purchaser showed by a preponderance of evidence that the challenged advertisements could be misleading under the UCL and CLRA (Kathleen Sonner v. Schwabe North American, Inc., et al., No. 17-55261, 9th Cir., 2018 U.S. App. LEXIS 36460).

  • December 21, 2018

    Judge Holds Tenant’s FHA, UCL Claims Against Landlord Can Proceed

    SAN FRANCISCO — A California federal judge on Dec. 20 refused to dismiss certain claims against a condominium complex owner asserted by a tenant who alleged that he was discriminated against while living there, allowing his claims for violations of the Fair Housing Act (FHA), California’s unfair competition law (UCL) and other causes of action to proceed (Rodney Green, Sr. v. Mercy Housing, Inc., et al., No. 18-04888, N.D. Calif., 2018 U.S. Dist. LEXIS 214605).

  • December 20, 2018

    Judge Finds No Support For Driver’s Labor Code, UCL Claims

    LOS ANGELES — A California federal judge on Dec. 18 granted a transportation company’s motion for summary judgment on a former employee’s claims for violation of California’s labor code and unfair competition law (UCL), holding that he failed to state a cognizable claim for relief (Sadashiv Mares v. Swift Transportation Co. of Arizona, LLC, No. 2:15-cv-07920, C.D. Calif., 2018 U.S. Dist. LEXIS 213022).

  • December 18, 2018

    ACA, ERISA, UCL HIV Drug Discrimination Claims Fail, Judge Says

    SAN FRANCISCO — HIV/AIDS drug purchasers who allege that a health insurer violated their privacy and discriminated against them by requiring the use of mail order or pickup services fail to state claims under the Patient Protection and Affordable Care Act (ACA), California unfair competition law (UCL) or Employee Retirement Income Security Act, a federal judge in California held Dec. 12 (John Doe One, et al. v. CVS Pharmacy Inc., et al., No. 18-1031, N.D. Calif.).

  • December 18, 2018

    Judge Refuses To Dismiss Technology Company’s UCL Claim Against Competitor

    TRENTON, N.J. — A California federal judge on Dec. 14 refused to dismiss an information technology company’s claim for violation of California’s unfair competition law (UCL) in relation to a competitor’s noncompete provision in its employment contract, holding that it has standing to assert the claim and that it sufficiently stated a claim for violation of the UCL (Diversant LLC v. Artech Information Systems, LLC, No. 18-12133, D. N.J., 2018 U.S. Dist. LEXIS 210749).

  • December 13, 2018

    Class Certification Sought In Disputes Over Reinsurance Participation Agreement

    SACRAMENTO, Calif. — In two putative class actions over a reinsurance participation agreement (RPA) of hundreds of California businesses that bought a workers’ compensation program, plaintiffs argue in a Dec. 11 brief that a California federal court should certify a class because whether the program and RPA are illegal is a common question for all class members (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., No. 16-00158, Pet Food Express Ltd., et al. v. Applied Underwriters Inc., et al., No. 16-01211, E.D. Calif.).

  • December 10, 2018

    Judge Holds UCL Claims Against Chase Are Not Preempted By HOLA

    SAN FRANCISCO — A California federal judge on Dec. 7 refused to dismiss class action claims that a bank violated California’s unfair competition law (UCL) by failing to pay interest on their escrow accounts under the terms of their mortgage agreements, holding that the borrowers’ state law claims were not preempted by federal law (McShannock v. JP Morgan Chase Bank N.A., No. 18-01873, N.D. Calif., 2018 U.S. Dist. LEXIS 207262).

  • December 10, 2018

    Judge Dismisses Defect-Related Claims Against Vena Cava Filter Maker

    SAN JOSE, Calif. — A California federal judge on Dec. 3 dismissed claims for violation of California’s unfair competition law (UCL), negligent misrepresentation and other causes of action asserted by a patient who alleged that she was injured by a defective device that was implanted to treat deep vein thrombosis and pulmonary embolism, holding that she failed to assert sufficient facts to show that the maker of the product knew that it was defective (Sandra Broge v. ALN International Inc., No. 17-cv-07131, N.D. Calif., 2018 U.S. Dist. LEXIS 204486).

  • December 07, 2018

    Borrower Asserts Lenders Violated UCL, TILA In California Superior Court

    SANTA ANA, Calif. — A borrower on Dec. 4 sued various mortgage entities in a California court, alleging that they violated California’s unfair competition law (UCL), the Truth in Lending Act (TILA) and other laws by failing to help him obtain a loan modification to prevent foreclosure (Carl Hardin v. Select Portfolio Servicing Inc., No. 2018-01035974, Calif. Super., Orange Co.).

  • December 06, 2018

    Judge Holds California Is Proper Forum For Injury Claims Against Nutribullet

    LOS ANGELES — A California federal judge on Dec. 4 rejected arguments by makers of blender products that New Zealand is the appropriate forum for a lawsuit brought by a consumer who asserts negligence, violation of California’s unfair competition law (UCL) and other claims in relation to alleged injuries she suffered, holding that the case should not be dismissed based on the doctrine of forum non conveniens (Elizabeth Flack v. Nutribullet, L.L.C., et al., No. 2:18-cv-05829, C.D. Calif., 2018 U.S. Dist. LEXIS 205356).

  • December 06, 2018

    9th Circuit Upholds Class Decertification In Suit Over Baby Formula

    SEATTLE — A trial court didn’t err in granting summary judgment or decertifying a class of consumers in a lawsuit over the advertised health benefits of Gerber Products Co. baby formula after the lead plaintiff failed to provide a sufficient basis for calculating restitution under California’s unfair competition law (UCL), False Advertising Law (FAL) and Consumer Legal Remedies Act (CLRA) or damages under the CLRA, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 14 (Oula Zakaria, et al. v. Gerber Products Co., et al., No. 17-56509, 9th Cir., 2018 U.S. App. LEXIS 32240).

  • December 05, 2018

    Borrower’s UCL, FDCPA Claims Not Supported By Facts, 9th Circuit Holds

    PASADENA, Calif. — A panel of the Ninth Circuit U.S. Court of Appeals on Dec. 3 affirmed dismissal of a foreclosure-related action filed by a borrower, holding that she failed to allege facts to support her claims for violations of the Fair Debt Collection Practices Act (FDCPA), California’s unfair competition law (UCL) and other causes of action (Alicia Johnson v. Ocwen Loan Servicing, LLC, et al., No. 18-55279, 9th Cir., 2018 U.S. App. LEXIS 33891).

  • December 05, 2018

    Nonprofit Game Charity Asserts Trademark, UCL Claims In Federal Court

    LOS ANGELES — A nonprofit organization that provides services in the gaming industry sued another gaming entity on Dec. 3 in a California federal court, asserting claims for trademark infringement and violation of California’s unfair competition law (UCL) in relation to the alleged use of its trademarks (GameChanger Charity v. PlayNext Inc., No. 8:18cv2142, C.D. Calif.).

  • December 04, 2018

    California Panel Affirms Confirmation Of Arbitral Award For Hockey Team

    SANTA ANA, Calif. — After holding that a former hockey team employee failed to assert counterclaims for violations of the California Labor Code and unfair competition law (UCL) in an arbitration and agreed to arbitrate employment disputes, a California appeals panel on Dec. 3 affirmed a decision confirming an award in favor of the team (Paul Vogelgesang v. Anaheim Ducks Hockey Club, LLC, No. G054654, Calif. App., 4th Dist., Div. 3).

  • December 03, 2018

    Judge: UCL Claim Properly Pleaded In Drug Price Case; Bulk Of Action Untimely

    SAN DIEGO — Allegations that a man paid higher prices for generic drugs as a result of a pharmacy’s two-tiered pricing scheme give him standing and adequately allege a California unfair competition law (UCL) violation for unfair conduct, but several of his claims appear untimely and must be dismissed, a federal judge in California held Nov. 20 (Robert Josten, et al. v. Rite Aid Corp., No. 18-152, S.D. Calif., 2018 U.S. Dist. LEXIS 198124).

  • November 29, 2018

    Trustee Alleges Insurers Inflated Costs, Asserts UCL, Elder Abuse Violations

    SAN FRANCISCO — A trustee for a survivor’s trust on Nov. 27 sued various insurers in a California federal court, alleging that they committed financial elder abuse and violated California’s unfair competition law (UCL) by grossly inflating the replacement costs of his grandparents’ property (Richard P. Parducci v. Overland Solutions, Inc., et al., No. 1:18cv7162, N.D. Calif.).

  • November 27, 2018

    9th Circuit Holds Nonprofit Lacked Standing To Bring UCL Claim Over Ritual

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Nov. 20 reversed a trial court’s ruling that a nonprofit organization that promotes respectful treatment of domestic fowl had standing to assert a claim for violation of California’s unfair competition law (UCL) against a nonprofit religious organization and its leader, holding that the organization failed to show that it suffered an injury in fact (United Poultry Concerns v. Chabad of Irvine, et al., No. 17-55696, 9th Cir., 2018 U.S. App. LEXIS 32835).