Mealey's California Section 17200

  • July 01, 2021

    Panel Won’t Compel Arbitration Of UCL Claim Based On ‘Illegible’ Agreement

    SAN FRANCISCO — A California appellate panel on June 29 affirmed a trial court’s denial of a money transfer provider’s motion to compel arbitration of a California unfair competition law (UCL) claim against it in relation to its service being used to defraud an elderly veteran after finding that the provider’s arbitration agreement was “unenforceable” due in part to being “virtually illegible.”

  • June 30, 2021

    Amended Class Suit Accuses Subway Of Misrepresenting Composition Of Tuna

    OAKLAND, Calif. — A sandwich franchisor has violated California’s unfair competition law (UCL) and other state laws by labeling its tuna salad, sandwiches and wraps as “100% tuna” while failing to prevent adulteration in its supply chain or honor its representation that it has “a global ban on the sale of tuna species that come from anything less than healthy stocks,” two California consumers allege in an amended class complaint filed June 7 in a California federal court.

  • June 25, 2021

    Panel Says Optometrist Can’t Pursue UCL Claim For Loss Of ‘Market Share’

    SAN FRANCISCO — A California appellate panel on June 16 affirmed the dismissal of a putative class action brought by an independent optometrist against a chain of optical retail stores for violation of California’s unfair competition law (UCL) and reducing the market share of businesses like his because it found that his claim for loss of market share seeks nonrestitutionary damages unavailable under the UCL.

  • June 16, 2021

    Medical Association Seeks California Supreme Court Review Of Claim Against Insurer

    LOS ANGELES — A medical association on June 9 filed a petition to the California Supreme Court seeking review of an appellate panel’s ruling that the association lacked standing to bring an unfair competition law (UCL) claim against an insurer for its practice of restricting physicians from making referrals to out-of-network doctors, writing that the panel’s ruling is in conflict with numerous other cases.

  • June 16, 2021

    9th Circuit: Class Claims Over Federally Regulated Chicken Labels Preempted

    PASADENA, Calif. — California state claims, including one under the unfair competition law (UCL), brought on behalf of a class regarding the percentage of water retention alleged on chicken labeling sold by a food store chain are preempted by federal law as the state law claims would impose requirements above and beyond those of the Poultry Products Inspection Act (PPIA), a Ninth Circuit U.S. Court of Appeals panel ruled June 4.

  • June 16, 2021

    Class Suit Challenges Protein Labeling Claims On Breakfast, Snack Products

    SAN FRANCISCO — Two consumers filed a class complaint on May 28 in a federal court in California accusing a breakfast and snack product maker of failing to deliver on protein amounts listed on its products in violation California’s unfair competition law (UCL), false advertising law (FAL) and Consumers Legal Remedies Act (CLRA).

  • June 16, 2021

    Class Suit: Dell Falsely Represented Capabilities Of Gaming Laptop

    SAN FRANISCO — A class complaint filed June 2 in a California federal court alleges that Dell Technologies Inc. and 10 unnamed Does violated California’s unfair competition law (UCL) and other state laws by intentionally misleading consumers into believing that its “flagship gaming laptop” that was nearing the end of its life cycle was fully upgradeable when it actually was not.

  • June 14, 2021

    Lack Of Likelihood Of Success On RESPA Claims Dooms Borrower’s TRO Bid

    OAKLAND, Calif. — A federal judge in California on June 10 denied a borrower’s request for a temporary restraining order (TRO) to enjoin his loan servicer from proceeding with a foreclosure sale of his property, ruling that the borrower has failed to demonstrate a substantial likelihood of success on the merits of his Real Estate Settlement Procedures Act (RESPA) claims against the loan servicer.

  • June 14, 2021

    Split 9th Circuit Revives Worker’s Class Wage, UCL And PAGA Claims

    PASADENA, Calif. — A divided Ninth Circuit U.S. Court of Appeals panel on June 9 ruled that a trial court abused its discretion by improperly evaluating e factors set out in Forman v. Davis when it struck a former employee’s class definition in his wage-and-hour suit without leave to amend a second time and wrongly found that the worker did not state claims for wage violations under California law; as a result of those findings, the panel further determined that the dismissal of the unfair competition law (UCL) and Private Attorneys General Act (PAGA) claims was no longer valid.

  • June 11, 2021

    Judge Won’t Dismiss All Of Ad Firms’ UCL, Contract Counterclaims Against Facebook

    SAN FRANCISCO — A California federal magistrate judge in an order filed June 9 granted in part and denied in part Facebook Inc.’s motion to dismiss an advertising firm’s counterclaims for intentional interference with contract and violation of California’s unfair competition law (UCL) against it that were filed after Facebook sued it for computer fraud and breach of contract in relation to the firm’s data-gathering practices.

  • June 11, 2021

    Panel Reinstates UCL Claim Against Bank For Depositing $157K In Stolen Checks

    SAN DIEGO — A California appellate panel on June 9 reversed a trial court’s grant of summary judgment in favor of a bank on a towing company’s claims for conversion and violation of California’s unfair competition law (UCL) for the loss of nearly $157,000 in checks that an employee deposited into his personal account at the bank, which he endorsed with his own initials.

  • June 10, 2021

    Judge Dismisses Trademark, UCL Suit Against U.K. Company For Lack of Jurisdiction

    LOS ANGELES — A toy company’s lawsuit for trademark and unfair competition claims against a U.K. company was dismissed for lack of jurisdiction on June 7 by a California federal judge who found that factors including the U.K. company’s contacts with social media influencers in California were insufficient to establish specific jurisdiction.

  • June 10, 2021

    Judge Rejects Preliminary Class Action Settlement In Artificial Flavors Suit

    SAN DIEGO — A California federal magistrate judge on June 7 ordered that putative class action plaintiffs, an intervenor and a food products manufacturer facing California unfair competition law (UCL) and other claims for allegedly misrepresenting fruit-flavored snack products as containing no artificial flavors appear at a case management conference, following a judge’s June 4 denial of preliminary approval to a proposed settlement, which the judge said “provides no meaningful benefit to the class.”

  • June 04, 2021

    Preliminary Approval Of $1.2M Wage, Hour Class Action Settlement Denied A 3rd Time

    FRESNO, Calif. — A former Five Guys employee’s third motion seeking preliminary approval of a proposed $1.2 million class action settlement of allegations that the franchise chain and a franchisee violated federal and California consumer reporting laws, California wage-and-hour laws and California’s unfair competition law (UCL) does not provide sufficient information to show that it “is likely to be approved as ‘fair, reasonable, and adequate’ upon certification of the class,” a California federal judge ruled in an order filed June 1 that denied the motion without prejudice.

  • June 03, 2021

    Dart Container’s $411,000 Wage Settlement Granted Final Approval

    SACRAMENTO, Calif. — A $411,000 class settlement ending a complaint by former employees of Dart Container Corp. and Dart Container Corporation of California (together, Dart) alleging a failure to pay all wages due on separation and unfair business practices was granted final approval by a federal judge in California on May 18.

  • June 03, 2021

    Class Suit Alleging California Law Violations For Unsolicited School Photos Tossed

    SAN JOSE, Calif. — A federal judge in California on May 19 dismissed, largely with leave to amend, a class complaint accusing a school photo company of violating California laws, including the unfair competition law (UCL), by taking unsolicited school photos and sending them home with instructions that families pay to keep them or return them even though the plaintiffs alleged that such items should be considered a “free gift.”

  • June 01, 2021

    Judge Compels Arbitration Of Chinese EB-5 Investors’ UCL, Fraud Claims

    SAN FRANCISCO — A California federal judge on May 31 ordered five Chinese plaintiffs who each invested more than $500,000 through the government’s EB-5 program into a group of corporations to arbitrate their claims against the corporations and related individuals including for fraud and violation of California’s unfair competition law, finding that they agreed “at least” to arbitrate arbitrability.

  • May 27, 2021

    Businessman Asks To Set Aside More Than $2M Judgment For Elder Fraud, UCL Claims

    SACRAMENTO, Calif. — A businessman moved in a California federal court on May 24 to set aside a default judgment against him for more than $2 million in damages and attorney fees for allegedly defrauding an elderly couple and violating California’s unfair competition law (UCL), arguing that he never received a summons that was served at the street address of a co-working space in Florida.

  • May 27, 2021

    Wiretap, UCL, Privacy Claims Axed In Suit Over Google Apps Data Collection

    SAN FRANCISCO — Privacy claims against Google LLC over data collection purportedly carried out by its Google Analytics (GA) service and certain apps were whittled down on May 21, when a California federal judge partly granted the company’s motion to dismiss, disposing of claims under the Wiretap Act and California’s unfair competition law (UCL) for failure to state a claim and for lack of jurisdiction.

  • May 25, 2021

    Putative Class Action Doesn’t Show Gun-Maker Knew Of Alleged Defect, Judge Says

    SAN FRANCISCO — A federal judge in California on May 17 dismissed with leave to amend a putative class action on behalf of California residents accusing a gun manufacturer and distributor of violating California’s unfair competition law (UCL) and other laws by failing to warn consumers about an alleged barrel defect that can cause the manufacturer’s handguns to explode, writing that the plaintiff failed to sufficiently plead that the defendant had pre-sale knowledge of the defect.