Mealey's California Section 17200

  • October 30, 2018

    Judge Rejects UCL Claim For Insurer’s Alleged Failure To Pay For Services

    SAN FRANCISCO — After finding that claims for violation of California’s unfair competition law (UCL) in relation to an insurer’s alleged failure to pay hospitals for noncontracted services could not be based on the improper application of the California Code of Regulations, a California federal judge on Oct. 26 granted the insurer’s motion for partial summary judgment on the UCL claims (NorthBay Healthcare Group – Hospital Division v. Blue Shield of California Life & health Insurance, et al., No. 17-cv-02929, N.D. Calif., 2018 U.S. Dist. LEXIS 184180).

  • October 30, 2018

    U.S. Supreme Court Hears Arguments In Class Arbitration Dispute

    WASHINGTON, D.C. — While contract disputes are generally controlled by state law, the Federal Arbitration Act (FAA) controls questions about class arbitrability when it comes to interpreting an employment contract between an employer and employee after the employee filed a class complaint alleging, in part, negligence and violation of California’s unfair competition law (UCL) after employee data was stolen, the attorney representing the employer told the U.S. Supreme Court on Oct. 29 (Lamps Plus, Inc., et al. v. Frank Varela, No. 17-988, U.S. Sup.).

  • October 29, 2018

    9th Circuit Affirms Dismissal Of Claims Against Lenders For Lack Of Standing

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court’s dismissal of claims for violation of the Real Estate Settlement Procedures Act (RESPA), California’s unfair competition law (UCL) and other claims, holding that borrowers failed to show that lenders engaged in business acts that were unlawful, unfair or fraudulent or that they submitted evidence to show that the lenders did not sufficiently respond to their qualified written requests (Jim Ross Meskimen, et al. v. The Bank of New York Mellon, et al., No. 18-55394, 9th Cir., 2018 U.S. App. LEXIS 30320).

  • October 29, 2018

    Dismissal Of Federal Qui Tam Plavix Case Doesn’t Bar State Attorney General’s Suit

    SANTA FE, N.M. — The New Mexico Court of Appeals on Oct. 24 ruled that a federal court’s dismissal of a Plavix qui tam action does not preclude the New Mexico attorney general from bringing his own qui tam lawsuit under state statutes (State of New Mexico, ex rel. Hector Balderas, et al. v. Bristol-Myers Squibb Co., et al., No. A-1-CA-36906, N.M. App., 2018 N.M. App. LEXIS 67).

  • October 25, 2018

    Judge Holds UCL, CLRA Claims Related To Laptop Upgrades Can Proceed

    LOS ANGELES — A California federal judge on Oct. 23 dismissed numerous warranty claims asserted by purchasers of laptops made for gaming, but held that the consumers sufficiently pleaded violations of California’s unfair competition law (UCL) and other claims because they specified the model of allegedly defective laptops and the alleged misrepresentations made about them (Casey Thornton, et al. v. Micro-Star International Co., Ltd., et al., No. 2:17-cv-03231, C.D. Calif., 2018 U.S. Dist. LEXIS 181912).

  • October 24, 2018

    Judge Says Internet Providers Properly Removed UCL, Other Claims Under CAFA

    LOS ANGELES — After holding that internet services companies properly removed a proposed class action from a state court pursuant to the Class Action Fairness Act of 2005 (CAFA), a California federal judge on Oct. 19 refused to remand her claims for violations of California’s unfair competition law (UCL) and other claims related to alleged misrepresentations about internet speed (Carla Jimenez v. Charter Communications Inc., et al., No. 18-6480, C.D. Calif., 2018 U.S. Dist. LEXIS 180160).

  • October 22, 2018

    Borrower Sues Servicer In California Court, Asserts UCL, HBOR Claims

    SANTA ANA, Calif. — A borrower on Oct. 4 sued a loan servicer in a California court, asserting that it violated the California Homeowners Bill of Rights Act (HBOR) and unfair competition law (UCL) when it initiated the foreclosure process while his loan modification application was under review (Dennis Gonzales v. Select Portfolio Servicing Inc., No. 2018-01022512, Calif. Super., Orange Co.).

  • October 18, 2018

    Judge Grants Certification Of Class For Consumer Alleging Surcharge Violated UCL

    SAN DIEGO — A California federal judge on Oct. 16 granted a consumer’s request for class certification of a case, in which a consumer alleges that a restaurant violated California’s unfair competition law (UCL) and other California laws by adding a surcharge to its bills, holding that a class action was the superior method for adjudicating the dispute (Kathleen Holt v. Noble House Hotels & Resorts Ltd., No. 17-cv-2246, S.D. Calif., 2018 U.S. Dist. LEXIS 145566).

  • October 18, 2018

    Petition Asks 9th Circuit To Allow For Logitech Settlement

    SAN FRANCISCO — Logitech Inc. filed a petition for a writ of mandamus in the Ninth Circuit U.S. Court of Appeals on Oct. 9 requesting that it be allowed to settle a false advertising class lawsuit with consumers (In re Logitech Inc. v. United States District Court for the Northern District of California, San Francisco, No. 18-72732, 9th Cir.).

  • October 17, 2018

    Purchaser Waives Challenges To Supplement Maker’s High Court Petition

    WASHINGTON, D.C. — A purchaser who alleges that he relied on false statements about heart-health when purchasing a supplement on Oct. 12 waived his right to respond to a vitamin maker’s petition for a writ of certiorari, seeking review of an appeals court ruling that reversed denial of class certification of the purchaser’s claims for violations of California’s unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) (Pharmavite LLC v. Noah Bradach, No. 18-449, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 3694).

  • October 15, 2018

    High Court Will Not Review Whether Federal Law Preempts UCL, FAL Claims

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 15 denied a petition for writ of certiorari filed by companies who sought review of a California high court’s decision that a district attorney’s state law claims for violation of California’s unfair competition law (UCL) and False Advertising Law (FAL) in relation to an explosion that killed two people were not preempted by federal occupational safety and health law (Emerson Electric Co., et al. v. Superior Court of California, Orange County, et al., No. 17-1713, U.S. Sup.).

  • October 12, 2018

    Patient Claims Care Facility Owner’s Billing Practices Violate UCL, CLRA

    SANTA ANA, Calif. — A patient at an emergency medical care facility on Oct. 9 filed a class action against its owner in a California court, asserting that the owner’s billing practices violate California’s unfair competition law (UCL) and the California Consumers Legal Remedies Act (CLRA) (Joshua Yebba v. AHMC Healthcare Inc., No. 2018-01024090, Calif. Super., Orange Co.).

  • October 11, 2018

    Google Hit With Class Action After Google Plus Data Leak Is Revealed

    SAN JOSE, Calif. — The same day that Google Inc. announced that a data leak had compromised the personally identifiable information (PII) of up to 500,000 users of its Google Plus social network, the technology giant was named in a putative class complaint filed in California federal court Oct. 8, accusing it of unfair competition, invasion of privacy and negligence (Matt Matic, et al. v. Google Inc., et al., No. 5:18-cv-06164, N.D. Calif.).

  • October 11, 2018

    Judge Dismisses UCL, Other Claims Against Google Over Data Services Charges

    SAN JOSE, Calif. — A California federal judge on Oct. 9 granted a motion to dismiss a consumer’s claims for violation of California’s unfair competition law (UCL) and other causes of action against Google North America Inc. in relation to its mobile phone and data services, holding that he failed to plead his claims with the required particularity because he did not allege that he actually relied on misrepresentations made by Google (Gordon Beecher v. Google North America Inc., No. 18-cv-00753, N.D. Calif., 2018 U.S. Dist. LEXIS 173805).

  • October 10, 2018

    Woman: Johnson & Johnson Falsely Advertised Talc Products, Violated UCL

    LOS ANGELES — Johnson & Johnson falsely and unfairly advertised its baby powder and Shower to Shower products as symbols of freshness, cleanliness and purity — and above all safe for everyday use — despite evidence of a talc-ovarian cancer link that began mounting in 1971, a woman claims in a California unfair competition law (UCL) action filed Oct. 8 (Evelyn Hampton v. Johnson & Johnson, et al., No. 18-08618, C.D. Calif.).

  • October 09, 2018

    Woman Alleges Defective NutriBullet Exploded, Asserts UCL Violations

    LOS ANGELES — A consumer who alleges that a defective blender exploded, causing her serious injuries, on Oct. 5 sued the maker of the blender and others in a federal court, asserting claims for negligence, violation of California’s unfair competition law (UCL) and other claims (Naccole Guinn v. NutriBullet, LLC, et al., No. 2:18cv8613, C.D. Calif.).

  • October 09, 2018

    Judge Holds UCL, Rosenthal Claims Are Barred By Res Judicata

    RIVERSIDE, Calif. — A California federal judge on Oct. 5 granted a motion filed by lenders to dismiss claims for violation of California’s unfair competition law (UCL) and other California law claims, holding that the third case filed by the same borrowers in relation to their mortgage was barred by res judicata (Rajesh Varma, et al. v. Nationstar Mortgage LLC, et al., No. 18-1038, C.D. Calif., 2018 U.S. Dist. LEXIS 172779).

  • October 05, 2018

    9th Circuit Holds Customer Relied On Bread Crumb Label, Reverses Ruling

    PASADENA, Calif. — After holding that a consumer sufficiently alleged that she relied on misrepresentations about trans-fat content on a label in making the decision to purchase the product and other holdings, the Ninth Circuit U.S. Court of Appeals on Oct. 4 reversed a ruling dismissing her claims against a grocery store company for violation of California’s unfair competition law (UCL) and other California law claims (Shavonda Hawkins v. The Kroger Co., No. 16-55532, 9th Cir., 2018 U.S. App. LEXIS 28116).

  • October 05, 2018

    Judge Holds UCL, Other Claims Lack Facts, Partially Grants Dismissal

    SACRAMENTO, Calif. — A California federal judge on Sept. 26 partially granted a motion filed by lenders to dismiss claims for negligence, violation of California’s unfair competition law (UCL) and other causes of action but allowed a borrower’s claim for violation of California’s Homeowner’s Bill Of Rights (HBOR) to proceed, holding that she submitted sufficient evidence to possibly show that the defendants failed to meet their statutory obligations under the HBOR when they did not exercise due diligence in contacting her about her default (Chanell S. Watkins v. Ditech Financial LLC, et al., No. 2:17-cv-02247, E.D. Calif., 2018 U.S. Dist. LEXIS 165718).

  • October 04, 2018

    Judge Partially Dismisses Employee’s California Law Claims For Uniform Costs

    SAN JOSE, Calif. — A California federal judge on Oct. 2 refused to dismiss claims for violation of California’s unfair competition law (UCL) and other state law claims asserted by an employee of a paper company, but held that she failed to plead claims related to the care and cost of her uniform with the required particularity (Elisa Arroyo v. International Paper Co., No. 17-cv-06211, N.D. Calif., 2018 U.S. Dist. LEXIS 170385).