Mealey's California Section 17200

  • May 18, 2018

    Courier Asserts UCL, PAGA Claims Against Delivery Service In California Court

    SAN FRANCISCO — A delivery courier on May 15 filed a class action complaint against a same-day delivery courier service in a California state court, alleging that it violated California’s unfair competition law (UCL) and labor code when it misclassified employees as independent contractors (Raef Lawson v. Deliv Inc., No. 566577, Calif. Super., San Francisco Co.).

  • May 17, 2018

    Borrower Appeals Summary Judgment Ruling For Wells Fargo To 9th Circuit

    SACRAMENTO, Calif. — A borrower who alleged that a bank violated California’s unfair competition law (UCL) and other laws when it refused to accept his untimely mortgage payment as part of a trial period plan on May 16 filed a notice of an appeal to the Ninth Circuit U.S. Court of Appeals of a judge’s decision granting summary judgment for the bank (Paul Schrupp v. Wells Fargo Bank, N.A., No. 2:16-636, E.D. Calif., 2018 U.S. Dist. LEXIS 82835).

  • May 17, 2018

    Judge Dismisses UCL, FAL Claims Over Octopus Products For Lack Of Jurisdiction

    SAN DIEGO — After finding that a consumer failed to show that her class action claims for violation of California’s unfair competition law (UCL) and false advertising in relation to allegedly fake octopus products met the federal amount-in-controversy requirement, a California federal judge on May 15 dismissed the case for lack of jurisdiction (Vivian Lejbman v. Transnational Foods Inc., et al., No. 17-CV-1317, S.D. Calif., 2018 U.S. Dist. LEXIS 81867).

  • May 17, 2018

    Court Affirms UCL Verdict Against Employer, Nearly $1M Attorney Fee Award

    SACRAMENTO, Calif. — A California appeals court on May 8 affirmed a class action California unfair competition law (UCL) verdict involving labor code violations, saying the evidence supported the conclusion that a company improperly reduced wages by future medical payments and barred meal breaks and saying a nearly $1 million attorney fee award was proper (Robert Kane, et al. v. Valley Slurry Seal Co., et al., No. C079558, Calif. App., 3rd Dist., 2018 Cal. App. Unpub. LEXIS 3149).

  • May 16, 2018

    Wells Fargo Will Appeal $97 Million Rest Break Award For Mortgage Consultants Class

    LOS ANGELES — Wells Fargo Bank N.A. filed a notice of appeal on May 15, a week after a California federal judge awarded a class of Wells Fargo Bank N.A. home mortgage consultants (HMCs) more than $97 million in damages on claims that they were denied rest breaks and a derivative California’s unfair competition law (UCL) claim (Jacqueline F. Ibarra, et al. v. Wells Fargo Bank, N.A., et al., No. 17-4344, C.D. Calif., 2018 U.S. Dist. LEXIS 78513).

  • May 16, 2018

    Judge Grants Dismissal Of Claims That Wells Fargo Wrongly Charged Fees

    SAN FRANCISCO — A California federal judge on May 14 found no facts to support causes of action asserted by a first-time homebuyer who alleged that Wells Fargo & Co. violated the Real Estate Settlement and Procedures Act (RESPA) and California’s unfair competition law (UCL) when it improperly charged borrowers mortgage interest rate-lock fees, dismissing his claims with partial leave to amend (Victor Muniz v. Wells Fargo & Co., et al., No. 3:17-cv-04995, N.D. Calif., 2018 U.S. Dist. LEXIS 81040).

  • May 16, 2018

    California Supreme Court Won’t Weigh In On Tinder Pricing Class Suit

    SAN FRANCISCO — The California Supreme Court on May 9 denied a petition for review filed by Tinder Inc. in a class suit over its tiered pricing for premium services based on the age of the user asking the high court to clarify the Unruh Civil Rights Act when it comes to age-based pricing discounts (Allan Candelore v. Tinder, Inc., No. S247527, Calif. Sup., 2018 Cal. LEXIS 3352).

  • May 15, 2018

    Ferrara Candy Agrees To Pay $2.5 Million To Settle Slack-Fill Class Lawsuit

    SAN FRANCISCO — The plaintiffs who sued a candy maker for selling oversized opaque candy boxes in an effort to deceive consumers moved May 10 in the U.S. District Court for the Northern District of California, seeking preliminary approval of a $2.5 million settlement that will provide cash refunds of 50 cents per box purchased to the consumer class (Thomas Iglesias, et al. v. Ferrara Candy Co., et al., No. 17-849, N.D. Calif.).

  • May 14, 2018

    Lyft Hit With Driver Class Suit Claiming Deceptive Payment Practices

    SAN FRANCISCO — Lyft Inc., an app-based taxi service, has deceived and violated California’s unfair competition law (UCL) by misrepresenting and changing fare practices, one driver alleges in his May 10 class complaint filed in the U.S. District Court for the Northern District of California (Fernando Villaseñor, et al. v. Lyft, Inc., et al., No. 18-2769, N.D. Calif.).

  • May 14, 2018

    Insurer Ordered To Repay Commissions In UCL Action; Judge Enters Default

    LOS ANGELES — A California federal judge on April 30 entered a default ruling against the president of a company that was alleged to have breached a contract by operating a rebating scheme and to have violated California’s unfair competition law (UCL), ordering that a constructive trust be imposed in the amount of $352,109 for repayment of the stolen fees (PHL Variable Ins. Co. v. Crescent Fin. & Ins. Agency, Inc., et al., No. 2:16-cv-01307, C.D. Calif., 2018 U.S. Dist. LEXIS 73419).

  • May 14, 2018

    Drivers’ Class Claims Over Uber Data Breach Dismissed For 3rd, Final Time

    SAN FRANCISCO — Uber Technologies Inc. saw negligence and unfair competition claims against it dismissed for a third time May 10, as a California federal magistrate judge found that two former Uber drivers had still failed to establish standing via an injury related to the theft of their personally identifiable information (PII) in a 2014 data breach, despite amending their complaint three times (Sasha Antman, et al. v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif., 2018 U.S. Dist. LEXIS 79371).

  • May 9, 2018

    Borrower Is Not Entitled To Injunction Preventing Foreclosure, Judge Holds

    SAN FRANCISCO — A California federal judge on May 7 denied an application filed by a borrower who asserts causes of action for violation of California’s unfair competition law (UCL) and the homeowner bill of rights for a temporary restraining order preventing a foreclosure, finding that he failed to allege that the loan servicer and trust lacked the legal authority to foreclose (Keyhan Mohanna v. Carrington Mortgage Services LLC, et al., No. 18-cv-02563, N.D. Calif., 2018 U.S. Dist. LEXIS 76992).

  • May 8, 2018

    Judge Dismisses UCL, RCRA Claims Related To Alleged Waste Disposal

    SAN DIEGO — After finding that a property owner failed to allege specific facts as to which entities allegedly disposed of solid waste from a project site onto his property, a California federal judge on May 4 dismissed claims for violation of Resource Conservation & Recovery Act (RCRA), California’s unfair competition law (UCL) and other claims with leave to amend (Todd Ingalls v. AMG Demolition & Environmental Services, et al., No. 17-cv-2013, S.D. Calif., 2018 U.S. Dist. LEXIS 75997).

  • May 4, 2018

    Judge Dismisses HBOR, UCL Claims, Holds No Default Was Recorded

    FRESNO, Calif. — A California federal judge on May 3 granted a motion filed by two lenders to dismiss claims for violation of California housing law and unfair competition law (UCL), finding that a borrower failed to request an alternative to foreclosure and to allege that a notice of sale was recorded (Terrence Taylor v. CitiMortgage Inc., et al., No. 1:17-cv-01231, E.D. Calif., 2018 U.S. Dist. LEXIS 75231).

  • May 3, 2018

    Concrete Worker Sues In California Court For Labor, UCL Violations

    SAN FRANCISCO — A former employee on May 1 sued his employer in a California court, asserting claims for violation of California’s unfair competition law (UCL) and the state labor code in relation to his employment as a concrete worker (Camilo Lopez v. SF Garage Company Inc., et al., No. 18-566185, Calif. Super., San Francisco Co.). 

  • May 2, 2018

    Judge Dismisses UCL Claim In Health Insurance Benefit Assignability Case

    LOS ANGELES — While not preempted by the Employee Retirement Income Security Act, substance abuse providers’ California unfair competition law (UCL) claim alleging that insurers misrepresented the assignability of health insurance benefits falls short of pleading an injury for standing purposes, a California federal judge held May 1 in dismissing the claim with prejudice (Dual Diagnosis Treatment Center Inc., et al. v. Blue Cross of California, et al., No. 15-736, C.D. Calif.).

  • May 2, 2018

    Judge Grants Consumer Leave To Amend Complaint Over Restaurant Surcharge

    SAN DIEGO — A California federal judge on April 30 granted a consumer, who alleges that a surcharge added to a restaurant bill violates California’s unfair competition law (UCL) and other laws, leave to file an amended complaint to add a claim for actual damages under the California Consumers Legal Remedy Act (CLRA) (Kathleen Holt v. Noble House Hotels & Resorts Ltd., et al., No. 17-cv-2246, S.D. Calif., 2018 U.S. Dist. LEXIS 10955).

  • May 1, 2018

    Policy Excluded Diminution In Value Coverage, California Panel Holds

    LOS ANGELES — After finding that an insurance policy excluded coverage for diminution of value and that an insurer had the authority under the insurance contract to repair a damaged vehicle, rather than replace it, a California appeals panel on April 27 affirmed a trial court’s decision dismissing an insured’s claims for breach of contract and violation of California’s unfair competition law (UCL) (Margaret Carol Foster v. Interinsurance Exchange of the Automobile Club, No. B278723, Calif. App., 2nd Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 2873).

  • May 1, 2018

    California High Court Affirms Class Certification Of Drivers In Wage Dispute

    SAN FRANCISCO — A trial court did not abuse its discretion in certifying a class of delivery drivers who allege that they were improperly classified as independent contractors and that the delivery company engaged in unfair and unlawful business practices under California’s unfair competition law (UCL), the California Supreme Court ruled April 30, holding that the “suffer or permit to work” definition of “employ” contained in Industrial Welfare Commission wage order No. 9 may be relied upon when determining whether a worker is an employee or independent contractor (Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, et al., No. S222732, Calif. Sup., 2018 Cal. LEXIS 3152).

  • April 30, 2018

    Judge Allows UCL, Wrongful Foreclosure Claims Against Wells Fargo To Proceed

    OAKLAND, Calif. — After finding that a bank may have failed to properly review loan modification applications, a California federal judge on April 25 refused to dismiss borrowers’ claims for wrongful foreclosure and violation of California’s unfair competition law (UCL) (Michael Peterson, et al. v. Wells Fargo Bank, N.A., No. 17-cv-05137, N.D. Calif., 2018 U.S. Dist. LEXIS 70137).