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Mealey's California Section 17200

  • July 31, 2018

    California Court Holds Issuance Of Warranty Was Precondition To Arbitration

    SANTA ANA, Calif. — A California appeals court on July 27 affirmed a ruling in favor of a homeowners association (HOA), which asserts claims for violation of California’s unfair competition law (UCL) and the Racketeer Influence and Corrupt Organizations Act, holding that arbitration provisions in a builder’s warranty never became a binding agreement because the warranty was never issued to the HOA (Talega Village Center Community Association v. Professional Warranty Service Corporation, No. G054341, Calif. App., 4th Dist., Div. 3, 2018 Cal. App. Unpub. LEXIS 5132).

  • July 26, 2018

    Federal Judge Refuses To Issue Restraining Order Prohibiting Foreclosure

    SAN FRANCISCO — A California federal judge on July 23 refused to grant a borrower’s application for a temporary restraining order enjoining the foreclosure of his property, holding that his claims related to the assignment of his loan lacked merit (John B. Freitas v. Clear Recon Corporation, et al., No. 18-03993, N.D. Calif., 2018 U.S. Dist. LEXIS 122943).

  • July 26, 2018

    9th Circuit Vacates Dismissal Of UCL Claim, Remands For Amendment

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on July 23 reversed a district court’s dismissal of a customer’s claims that a retailer and its tenant misled her into believing that its optometrists were “independent,” holding that the court erred in dismissing her claim for violation of California’s unfair competition law (UCL) without leave to amend (Mojdeh Omidi, et al. v. Wal-Mart Stores Inc., et al., No. 17-55539, 9th Cir., 2018 U.S. App. LEXIS 20416).

  • July 25, 2018

    California Panel Holds Insurer Did Not Misrepresent Payment For Medical Services

    SAN DIEGO — A California court on July 20 affirmed a summary judgment ruling in favor of a health insurance company, holding that a noncontracted provider of medical services failed to show that the insurer violated California’s unfair competition law (UCL) or that it misrepresented how much he would be paid for his services (James Ochi v. Anthem Blue Cross, et al., No. D071966, Calif. App., 4th Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 4915).

  • July 25, 2018

    Military Role Players Permitted To Amend Class Suit For Unpaid Wages

    SAN DIEGO — Three individuals who worked as role players at a California military base and seek unpaid wages and allege violations of California’s unfair competition law (UCL) were granted permission to file an amended complaint on July 20 by a California federal judge and filed the new complaint the same day, narrowing their claims to time spent working outside of the base (Ahmad Jawad Abdul Jamil, et al. v. Workforce Resources, LLC, et al., No. 18-27, S.D. Calif., 2018 U.S. Dist. LEXIS 121903).

  • July 23, 2018

    9th Circuit Holds Costco Had No Duty To Disclose Labor Practices On Labels

    SAN FRANCISCO — After holding that Costco Wholesale Corp. did not have a duty to disclose forced labor on labels for prawns it sells in Costco stores, the Ninth Circuit U.S. Court of Appeals on July 20 affirmed a district court’s dismissal of consumers’ claims for violation of California’s unfair competition law (UCL) and other California consumer laws (Monica Sud, et al. v. Costco Wholesale Corporation, et al., No. 17-15307, 9th Cir., 2018 U.S. App. LEXIS 20258).

  • July 20, 2018

    Judge Compels Discovery In Suit Against Tax Investment Company, Issues Sanctions

    SACRAMENTO, Calif. — A California federal judge on July 18 granted a tax certificate investment company’s motion to compel discovery and ordered that a group of participants in a training program, who assert claims for violation of California’s unfair competition law (UCL) and other causes of action, respond to discovery requests and pay sanctions for failing to participate in discovery (Kerry Boulton, et al. v. U.S. Tax Lien Association, LLC, et al., No. 2:15-cv-2384, E.D. Calif., 2018 U.S. Dist. LEXIS 120193).

  • July 19, 2018

    Class Suit Accuses California Car Dealers Of Refusing Sales To Asians

    SANTA ANA, Calif. — A July 11 class complaint filed in California state court accuses numerous Jaguar Land Rover North America dealerships in California of denying purchases to Asian customers in violation of the Unruh Act and California Business and Professions Code Section 17200 et seq. (Paul Chiu, et al. v. Pendragon North America, Inc., et al., No. 2018-01004633, Calif. Super., Orange Co.).

  • July 18, 2018

    Health Insurer UCL Claims Lack Specifics; Anti-Assignment Provision Bars Action

    SANTA ANA, Calif. — Anti-assignment provisions preclude a plastic surgery center’s suit challenging denial of health insurance claims, and the provider lacks the necessary specificity to plead California unfair competition law (UCL) claims, an insurer says July 16 in asking a California federal judge to dismiss the claims (California Surgical Institute Inc. v. Aetna Life And Casualty [Bermuda] Ltd., et al., No. 17-310, C.D. Calif.).

  • July 17, 2018

    California Man Sues Used Car Seller, Shell Reinsurer For Fraud

    FRESNO, Calif. — A California man filed a complaint on July 12 in a California court against a used-vehicle seller and its affiliates, including an illegal shell reinsurance company, accusing them of being involved in three fraudulent schemes in the sale of used vehicles and violating California’ unfair competition law (UCL) (Richard Harkins v. Paul Blanco’s Good Car Company Fresno Inc., et al., No. 18CECG02582, Calif. Super., Fresno Co.).

  • July 17, 2018

    Judge Dismisses UCL Claim Related To Insurance Sales, Grants Leave To Amend

    LOS ANGELES — A California federal judge on July 12 granted motions filed by insurers to dismiss claims against them in relation to an alleged unlawful scheme that involved one insurer profiting from the sale of its policies on behalf of two other insurers, holding that insureds failed to state claims for relief under California’s unfair competition law (UCL), false advertising law (FAL) and for financial elder abuse, but the judge granted them leave to file an amended complaint (Simon Levay, et al. v. AARP Inc., et al., No. 17-09041, C.D. Calif., 2018 U.S. Dist. LEXIS 116585).

  • July 16, 2018

    Company Sues Courier Servicer In California Court, Asserts UCL, Contract Claims

    SANTA ANA, Calif. — A California health care products maker on July 10 sued a courier service in a California court, asserting that it breached a delivery agreement and violated California’s unfair competition law by failing to make a payment under the agreement and by using its confidential customer information (EH Tech Inc. v. Global Worldwide Traders LLC, No. 2018-01004583, Calif. Super., Orange Co.).

  • July 16, 2018

    Entities Seek Review Of Whether UCL Claim Is Preempted By Federal Law

    WASHINGTON, D.C. — Companies that were sued by a district attorney for violations of California’s unfair competition law (UCL) and false advertising law (FAL) in relation to an explosion that killed employees at one of their facilities on June 25 filed a petition for writ of certiorari with the U.S. Supreme Court, seeking review of a California high court’s decision that the state law claims 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., 2018 U.S. S. Ct. Briefs LEXIS 2378).

  • July 12, 2018

    9th Circuit Holds Hershey Had No Duty To Disclose Labor Practices On Labels

    PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on July 10 affirmed dismissal of claims for violation of California’s unfair competition law (UCL) and other California laws in one of seven cases filed against chocolate companies in relation to the alleged use of forced labor in their supply chains (Laura Dana v. The Hershey Co., et al., No. 16-15789, 9th Cir., 2018 U.S. App. LEXIS 18723).

  • July 11, 2018

    9th Circuit Affirms Dismissal Of California Law Claims Over Nestlé’s Labels

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on July 10 affirmed a district court’s dismissal of claims for violation of California’s unfair competition law (UCL) and other California law claims asserted by purchasers of canned seafood, holding that the maker of the products has no duty to disclose the possible use of forced labor on its product labels (Melanie Barber, et al. v.  Nestlé USA Inc., et al., No. 16-55041, 9th Cir., 2018 U.S. App. LEXIS 18724).

  • July 10, 2018

    Fact Issues Exist As To BMW’s Condition, Federal Judge Holds

    SAN DIEGO — A California federal judge on July 6 refused to grant summary judgment for a vehicle seller on claims asserted by a purchaser for violation of California’s unfair competition law (UCL), false advertising law and other claims, holding that a genuine issue of material fact exists as to whether the vehicle had problems when it was sold (Donald Quipp v. BMW of North America LLC, et al., No. 17cv290, S.D. Calif., 2018 U.S. Dist. LEXIS 112811).

  • July 10, 2018

    Employer To High Court: Federal Arbitration Act Preempts State Law

    WASHINGTON, D.C. — The Ninth Circuit U.S. Court of Appeals defied the U.S. Supreme Court’s clear holding when it ruled that the Federal Arbitration Act (FAA) doesn’t preempt state law and the lack of reference to class arbitration in an employment agreement is not “silence” as defined by Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 684 (2010), an employer argues in a petitioner brief filed in the U.S. Supreme Court on July 9 (Lamps Plus, Inc., et al. v. Frank Varela, No. 17-988, U.S. Sup.).

  • July 6, 2018

    Judge Dismisses DA’s UCL Claim Related To Fee-Based Ancillary Products

    SACRAMENTO, Calif. — A California federal judge on June 26 granted a motion filed by a data systems’ company and a bank to dismiss a lawsuit in which a district attorney, on behalf of the people of the state of California, alleged that they violated California’s unfair competition law (UCL) in the administration of certain fee-based ancillary products and services to credit card holders (The People of California, ex rel., Eric L. Heryford, District Attorney, Trinity County v. Alliance Data Systems Corporation, et al., No. 2:15-cv-02343, E.D. Calif., 2018 U.S. Dist. LEXIS 106827).

  • July 6, 2018

    Judge Holds Servicer, Trustee Held Interest In Loan, UCL, FDCPA Claims Fail

    RIVERSIDE, Calif. — A California federal judge on July 2 granted summary judgment in favor of a loan servicer and trustee on claims including violation of California’s unfair competition law (UCL) and the Fair Debt Collection Practices Act (FDCPA), holding that the borrower failed to show that a deed was fraudulent (John C. Torres v. Nationstar Mortgage LLC, et al., No. 17-1527, C.D. Calif., 2018 U.S. Dist. LEXIS 111277).

  • July 3, 2018

    Panel Affirms Ruling That Equine Vet Did Not Falsify Records In Violation Of UCL

    SAN DIEGO — A California court on June 29 affirmed a trial court’s decision that an equine vet did not falsify medical records to conceal alleged malpractice in relation to his treatment of a horse in violation of California’s unfair competition law (UCL), holding that the trial court did not err in not issuing a statement of decision or in refusing to allow the owners of the horse to amend their complaint to conform to proof (Ali Nilforushan, et al. v. Rodrigo Vazquez De Mercado, et al., No. D072253, Calif. App., 4th Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 4474).