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Mealey's California Section 17200

  • June 29, 2018

    NCAA And Dealerships Settle UCL, Infringement Claims In California Court

    LOS ANGELES — The National Collegiate Athletic Association (NCAA) and the operators of California vehicle dealerships on June 26 filed a stipulation of dismissal of the NCAA’s claims for trademark infringement and violation of California’s unfair competition law (UCL), stating that they have reached a confidential settlement of the dispute (National Collegiate Athletic Association v. Ken Grody Management Inc., et al., No. 8:18-cv-00153, C.D. Calif.).

  • June 28, 2018

    Consumer Class Certified After Experts Allowed In Ginger Ale ‘Real Ginger’ Case

    SAN JOSE, Calif. — A California magistrate judge on June 26 declined to exclude expert polling and damages testimony in a class action accusing the maker of Canada Dry ginger ale of defrauding California consumers by selling the soda with the phrase “Made From Real Ginger” on its packaging, even though the soda does not contain any ginger root (Jackie Fitzhenry-Russell, et al. v. Dr. Pepper Snapple Group, Inc., et al., No. 17-cv-00564, N.D. Calif., 2018 U.S. Dist. LEXIS 106918).

  • June 27, 2018

    Used-Car Seller, Shell Reinsurer Alleged To Be Involved In Fraud Scheme

    FRESNO, Calif. — A used-vehicle seller and its affiliates, including an illegal shell reinsurance company, are accused of being involved in three fraudulent schemes in the sale of used vehicles and violating California Business and Professions Code Section 17200, according to a June 18 complaint filed in a California court (Carlos Alvarenga v. Paul Blanco’s Good Car Company Fresno Inc., et al., No. 18CECG02193, Calif. Super., Fresno Co.).

  • June 27, 2018

    Lyft Driver’s Unfair Competition Claim Over Uber’s Data Acquisition Dismissed

    SAN FRANCISCO — Reconsidering an earlier ruling allowing a former Lyft Inc. driver to pursue a claim against Uber Technologies Inc. under the California unfair competition law (UCL), a California federal magistrate judge on June 21 held that the driver did not establish entitlement to injunctive or restitutive relief under the statute based on Uber’s obtaining data on the rival firm’s drivers via spyware (Michael Gonzales v. Uber Technologies Inc., et al., No. 3:17-cv-02264, N.D. Calif., 2018 U.S. Dist. LEXIS 104332).

  • June 26, 2018

    Utility Worker Barred From Pursuing UCL, Labor Code Claims in California Court

    SAN FRANCISCO — After finding that a former employee of a technical company could not assert the same claims for violation of the California Labor Code and California’s unfair competition law (UCL) in federal and state court, a California federal judge on June 22 granted the company’s request for a permanent injunction enjoining her from pursuing the state court case (Debbie Silvia, et al. v. EA Technical Services Inc., et al., No. 15-cv-04677, N.D. Calif., 2018 U.S. Dist. LEXIS 105048).

  • June 22, 2018

    Judge Remands UCL, FCRA Claims Against Modeling Event Companies

    SAN JOSE, Calif. — A California federal judge on June 19 held that a woman who alleged that an employer’s background check violated her rights and affected her credit report lacked standing to sue for violations of the Fair Credit Reporting Act (FCRA), California’s unfair competition law (UCL) and other claims, but remanded the case to a state court for potential amendment of her causes of action (Sigrid Williams v. Nichols Demos Inc., et al., No. 5:17-cv-07101, N.D. Calif., 2018 U.S. Dist. LEXIS 103502).

  • June 22, 2018

    Borrower Failed To Show Lenders Violated UCL; 9th Circuit Affirms Dismissal

    SANTA ANA, Calif. — The Ninth Circuit U.S. Court of Appeals on June 19 affirmed a district court’s dismissal of a borrower’s claims for violation of California’s unfair competition law (UCL) and the California Homeowners Bill of Rights (HBOR), holding that she failed to allege that the practices of lenders were unfair or unlawful and that she challenged a foreclosure that had not yet occurred (Diane Weinsheimer v. Mortgage Electronic Registration Systems Inc., et al., No. 16-56725, 9th Cir., 2018 U.S. App. LEXIS 16511).

  • June 20, 2018

    Denny’s Employees Assert UCL, Labor Code Claims In California Court

    SAN FRANCISCO — A group of restaurant workers on June 18 sued the restaurant and its owner in a California state court, asserting claims for violation of California’s unfair competition law (UCL) and labor code (Pedro Mejia Garcia v. Nass Enterprise Inc., No. 567366, Calif. Super., San Francisco Co.).

  • June 19, 2018

    9th Circuit Affirms Dismissal Of UCL, HBOR Claims Related To Foreclosure

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a district court’s decision to grant judgment on the pleadings for lenders and a loan servicer, holding that her claims were barred by a two-year statute of limitations and that she had no viable claim for violation of California’s unfair competition law (UCL) (Pamela Rae v. Bank of America, N.A., et al., No. 17-55283, 9th Cir., 2018 U.S. App. LEXIS 16344).

  • June 19, 2018

    Wells Fargo’s $142M Unauthorized Account Settlement Is Granted Final Approval

    SAN FRANCISCO — A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).

  • June 15, 2018

    Consumer Claims Lender Violated UCL By Preventing Her From Making Online Payment

    SAN FRANCISCO — A purchaser of a vehicle who alleges that a lender made it impossible for her to make online payments and caused her to have a decreased credit score sued the lender on June 13  in a California state court, asserting causes of action for violation of the state unfair competition law (UCL) and breach of contract (Madeleine I. Turskey v. Ally Financial Inc., No. 18 -567229,  Calif. Super., San Francisco Co.).

  • June 14, 2018

    Judge Stays Employee’s Fair Labor Standards Act Suit Pending Arbitration

    SAN DIEGO — A federal judge in California on May 31 found that a Domino’s Pizza Corp. employee’s claims under the Fair Labor Standards Act (FLSA) should be arbitrated because an alternative dispute resolution (ADR) agreement is governed by the Federal Arbitration Act (FAA) and enforceable (John Ralph, et al. v. HAJ, Inc., et al., No. 17-cv-01332, S.D. Calif.).

  • June 14, 2018

    Judge Holds Purchaser Lacks Standing To Assert UCL, CLRA Claims Against Dunkin

    LOS ANGELES — A California federal judge on June 12 granted a doughnut maker’s motion to dismiss claims asserted by a customer in relation to the ingredients in the doughnuts, holding that the purchaser lacked standing to seek injunctive relief under California’s unfair competition law (UCL) and other California laws (Hrach Babaian v. Dunkin Brands Group Inc., et al., No. 17-4890, C.D. Calif., 2018 U.S. Dist. LEXIS 98673).

  • June 13, 2018

    Judge Denies Most Of Bank’s Motion To Dismiss Foreclosure-Related Claims

    SAN FRANCISCO — A California federal judge on June 11 granted a bank’s motion to dismiss a borrower’s claim for violation of California’s unfair competition law (UCL) for failure to state a claim, but allowed most of her claims to proceed, including a cause of action for breach of California’s Homeowners Bill of Rights (HBOR) (Ursula Ogamba v. Wells Fargo Bank, N.A., No. 2:17-cv-01754, E.D. Calif., 2018 U.S. Dist. LEXIS 97803).

  • June 13, 2018

    Panel Holds DA Can Seek Damages For UCL Violations Only In Elected County

    SAN DIEGO — A California appeals panel on May 31 granted a petition for relief filed by a group of pharmaceutical companies in relation to a district attorney’s allegations that they violated California’s unfair competition law (UCL) by engaging in a scheme to keep generic versions of a drug off the market, finding that a DA cannot seek monetary recovery for violations outside his elected county (Abbott Laboratories, et al. v. The Superior Court of Orange County, The People, ex rel., No. D072577, Calif. App., 4th Dist., 2018 Cal. App. LEXIS 507).

  • June 12, 2018

    Judge Holds UCL, TCPA Claims Against Bank Must Be Arbitrated

    SAN DIEGO — After finding that a consumer’s claims for unlawful conduct against a bank in violation of California’s unfair competition law (UCL) and other laws were directed only at him and not the public at large, a California federal judge on June 11 held that the causes of action were subject to arbitration and granted the bank’s motion to compel (Jesse Croucier v. Credit One Bank, N.A., et al., No. 18cv20, S.D. Calif., 2018 U.S. Dist. LEXIS 97756).

  • June 11, 2018

    Magistrate Judge Dismisses UCL, HBOR Claims Against Wells Fargo

    SAN FRANCISCO — A California federal magistrate judge on June 7 dismissed a borrower’s claims for violation of the California Homeowners Bill of Rights (HBOR) and California’s unfair competition law (UCL) with leave to amend, holding that she failed to plead sufficient facts to show that a lender violated the laws in relation to a loan modification (Julie Galvez v. Wells Fargo Bank, N.A., et al., No. 17-cv-06003, N.D. Calif., 2018 U.S. Dist. LEXIS 96300).

  • June 8, 2018

    Judge Allows UCL, Warranty Claims Over Single-Serve Coffee Filters To Proceed

    SAN DIEGO — A California federal judge on June 5 refused to dismiss claims for violation of California’s unfair competition law (UCL) and breach of warranty asserted by a consumer who alleges that a coffee filter’s label was misleading, finding that she pleaded sufficient allegations in support of her claims against the seller and maker of the filter (Gina Beckman v. Wal-Mart Stores Inc., et al., No. 17-cv-02249, S.D. Calif., 2018 U.S. Dist. LEXIS 95414).

  • June 6, 2018

    Mars Had No Duty To Disclose Child Labor; 9th Circuit Affirms Dismissal

    PASADENA, Calif. — After finding that a chocolate products maker had no duty to disclose on its labels the existence of child and slave labor in its supply chain, the Ninth Circuit U.S. Court of Appeals on June 4 affirmed dismissal of a purchaser’s claims for violation of California’s unfair competition law (UCL) and other California laws for failure to state a claim (Robert Hodson v. Mars Inc., et al., No. 16-15444, 9th Cir., 2018 U.S. App. LEXIS 15013).

  • June 6, 2018

    Court: UCL Claim Escapes ERISA Preemption, But Not Summary Judgment

    LOS ANGELES — Intentional tort claims escape ERISA preemption, but the failure to allege that insurance defendants denied payments specifically to assist a competing provider dooms a chiropractic care provider’s unfair competition law (UCL) claim, a California appeals court held in an opinion published June 1 (Port Medical Wellness Inc. v. Connecticut General Life Insurance Co., et al., No. B275874, Calif. App., 2nd Dist.).