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Mealey's California Section 17200

  • November 7, 2018

    Injunction Preventing Vehicle Accessory Advertising Not Warranted, Judge Holds

    SAN DIEGO — A California federal judge on Nov. 6 refused to enter a preliminary injunction in a lawsuit in which a vehicle accessory equipment seller asserts that a competitor violated California’s unfair competition law (UCL) and the Lanham Act by falsely representing that its products are made in the United States, holding that it failed to show that it would suffer irreparable harm in the absence of an injunction (Vault Cargo Management LLC v. Rhino U.S.A. Inc., No. 3:18-cv-01517, S.D. Calif., 2018 U.S. Dist. LEXIS 189959).

  • November 7, 2018

    Borrower Failed To Show UCL Violations, Wrongful Foreclosure, Judge Rules

    LOS ANGELES — A California federal judge on Nov. 5 dismissed a borrower’s claims for violation of California’s unfair competition law (UCL), fraud, wrongful foreclosure and other claims related to a property foreclosure, holding that her allegations were conclusory (Shirley Brown v. Bank of America, N.A., et al., No. 18-3418, C.D. Calif., 2018 U.S. Dist. LEXIS 189232).

  • November 7, 2018

    Tenant Alleges Storage Unit Mispresented Contract Terms, Violated UCL

    SANTA ANA, Calif. — A tenant at a storage unit facility that caught on fire sued the owner of the property and business in a California court on Oct. 16, asserting that it violated California’s unfair competition law (UCL) and false advertising law by failing to take appropriate safety measures and by making tenants sign an unconscionable contract (Michelle Meredith v. Public Storage Inc., No. 2018-01026239, Calif. Super., Orange Co.).

  • November 5, 2018

    Judge Dismisses UCL, FAL Claims Over Insurance Scheme, Allows Amendment

    LOS ANGELES — A California federal judge on Nov. 2 granted motions to dismiss claims for violation of California’s unfair competition law (UCL), false advertising law (FAL) and financial elder abuse asserted by a putative class of purchasers of insurance who allege that insurers engaged in an unlawful scheme that involved one insurer profiting from the sale of its policies on behalf of two other insurers, holding that the insureds could amend their UCL and FAL claims to properly plead reliance (Simon Levay, et al. v. AARP Inc., et al., No. 17-09041, C.D. Calif., 2018 U.S. Dist. LEXIS 116585).

  • November 5, 2018

    Borrowers Allege Loan Servicers, Others Breached UCL In California Court

    SACRAMENTO, Calif. — A borrower on Oct. 31 sued a loan servicer and others in a California court, asserting claims for breach of contract, violation of California’s unfair competition law (UCL) and other claims, asserting that they improperly handled her loan modification (Eusebia Santiago v. Cooper, et al., No. 2018-00243508, Calif. Super., Sacramento Co.).

  • November 5, 2018

    Judge Stays UCL, Elder Abuse Claims Pending Arbitration, Transfers Case

    OAKLAND, Calif. — After granting an assisted living facility’s unopposed motion to compel arbitration of an estate’s claims for financial elder abuse and violations of California’s unfair competition law (UCL), a California federal judge on Oct. 31 also held that the case should be transferred to another California federal court based on the convenience of the parties (Audrey Heredia, et al. v. Sunrise Senior Living LLC, No. 18-cv-00616, N.D. Calif., 2018 U.S. Dist. LEXIS 186749).

  • November 5, 2018

    $5.4 Million Tesla Autopilot Class Settlement Is Granted Final Approval

    SAN JOSE, Calif. — A California federal judge on Nov. 2 granted final approval of a more than $5.4 million settlement to be paid by Tesla Inc. to end class claims by owners of Tesla vehicles with “Enhanced Autopilot” that the owners alleged was falsely billed as “safer” for drivers (Dean Sheikh, et al. v. Tesla, Inc., No. 17-2193, N.D. Calif.).

  • November 2, 2018

    Borrowers Failed To Show Wells Fargo Violated HBOR, Judge Holds

    SACRAMENTO, Calif. — After finding that borrowers failed to show that a bank violated California’s Homeowners Bill of Rights (HBOR), a California federal judge on Oct. 31 dismissed the claims and causes of action for declaratory relief and violation of California’s unfair competition law (UCL), as predicated on the HBOR cause of action (Bruno J. Bicocca v. Wells Fargo Bank, N.A., No. 2:17-cv-01158, E.D. Calif., 2018 U.S. Dist. LEXIS 186722).

  • October 31, 2018

    Judge Holds Closed Circuit Events Company Is Entitled To Damages For Broadcast

    SAN DIEGO — A California federal judge on Oct. 26 held that a company was entitled to statutory and conversion damages for the unlawful broadcast of a program it held the exclusive distribution rights to, but did not rule on its motion for default judgment on claims for violation of California’s unfair competition law (UCL) and other claims until it submits information on attorney fees (G&G Closed Circuit Events LLC v. Anna Lee Patricia Sanchez, et al., No. 18-cv-00382, S.D. Calif., 2018 U.S. Dist. LEXIS 184206).

  • 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.).