Mealey's California Section 17200

  • December 7, 2017

    Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC

    SAN FRANCISCO — After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California’s unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).

  • December 6, 2017

    California Court Affirms Dismissal Of Borrower’s UCL, Wrongful Foreclosure Claims

    LOS ANGELES — A California appeals court on Dec. 4 affirmed a court’s decision granting demurrers filed by mortgage-related entities on claims for violation of California’s unfair competition law (UCL) and wrongful foreclosure, affirming the dismissal of the case (Richard Traister v. Ocwen Loan Servicing LLC, et al., No. B269662, Calif. App., 2nd Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 8256).

  • December 6, 2017

    Judge Finds Late Fees Charged For Apartment Rental Did Not Violate UCL

    SAN DIEGO — A California federal judge on Dec. 1 granted a motion to dismiss claims for violation of California’s unfair competition law (UCL) and a claim related to debt collection asserted against landlords, finding that their alleged practice of charging late fees was neither unfair nor fraudulent and that the late fees did not constitute debt collection (Jordan Kohler v. Greystar Real Estate Partners, LLC, et al., No. 15cv2195, S.D. Calif., 2017 U.S. Dist. LEXIS 198151).

  • December 6, 2017

    Judge Finds No Facts To Support Claim That Insurer Wrongfully Terminated Polices

    LOS ANGELES — A California federal judge on Dec. 4 dismissed insureds’ claims for violation of California’s unfair competition law (UCL) and breach of contract, finding that they failed to show that an insurer’s termination of their life insurance policies was unreasonable (Arthur Avazian, et al. v. Genworth Life & Annuity Insurance Co., et al., No. 2:17-cv-06459, C.D. Calif., 2017 U.S. Dist. LEXIS 199067).

  • December 5, 2017

    Majority Of Claims In Securities Fraud Suit Are Time-Barred, Judge Rules

    WEST PALM BEACH, Fla. — Dismissal of a majority of claims in a securities fraud lawsuit against Children of America (COA), certain of its affiliates and others is warranted because those claims are time-barred under their respective statutes of limitations, a federal judge in Florida ruled Dec. 1 in granting in part and denying in part the defendants’ motion to dismiss (Daniel Martin v. World Wide Child Care Corp., et al., No. 17-80188, S.D. Fla., 2017 U.S. Dist. LEXIS 199033).

  • November 30, 2017

    Judge Finds Actuary Failed To Show Economic Damages Under UCL

    SAN JOSE, Calif. — A California federal judge on Nov. 28 granted an insurance brokerage company’s motion to dismiss claims for violation of California’s unfair competition law (UCL) and allegations that an anti-raiding provision signed by its former sales contractors was invalid but allowed several affirmative defenses asserted by its competitor to proceed (First Financial Security Inc. v. Michael W. Jones, et al., No. 17-cv-00773, N.D. Calif., 2017 U.S. Dist. LEXIS 195467).

  • November 30, 2017

    Amazon Fulfillment Center Fails To Provide Full Pay, Breaks, Class Suit Alleges

    SACRAMENTO, Calif. — A Sacramento fulfillment center for Amazon.com regularly schedules employees to work shifts that are 10 hours or longer and fails to provide the workers with pay for their entire shifts and a third rest break, one of the employees alleges in a class complaint filed Nov. 27 in the Sacramento County Superior Court, alleging various state law violations, including violation of the unfair competition law (UCL) (Romeo Palma, et al v. Golden State FC, LLC dba Amazon.com, et al., No. 34-2017-00222744-CU-OE-GDS, Calif. Super., Sacramento Co.).

  • November 29, 2017

    California Court Affirms Damages Ruling For Purchaser Of Defective Vehicle

    LOS ANGELES — After finding that a lower court did not err when it awarded the purchaser of a defective vehicle damages for violations of California’s unfair competition law (UCL) and other laws based on a breach of warranty, a California appeals court on Nov. 27 affirmed a ruling awarding her general damages and fees (Krystal Flores v. Southcoast Automotive Liquidators, Inc., et al., No. B268271, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. LEXIS 1040).

  • November 28, 2017

    9th Circuit Finds Lenders Had Authority To Foreclose, Affirms Dismissal

    PASADENA, Calif. — After finding that various mortgage-related entities had the authority to foreclose on a property, the Ninth Circuit U.S. Court of Appeals on Nov. 22 affirmed a trial court’s dismissal of a borrower’s claims for violation of California’s unfair competition law (UCL) and wrongful foreclosure (Alvin Abano v. Ocwen Loan Servicing LLC, et al., No. 16-55325, 9th Cir., 2017 U.S. App. LEXIS 23717).

  • November 28, 2017

    Court Finds Bank’s Demurrer To UCL, TILA Claims Was Properly Sustained

    SAN JOSE, Calif. — A California appeals court on Nov. 21 found that a trial court properly sustained a bank’s demurrer as to numerous claims asserted by former property owners, including claims for violation of California’s unfair competition law (UCL) and the Truth in Lending Act (TILA), finding that the claims were properly dismissed without leave to amend (Dwayne Patrick Dumalanta, et al. v. OneWest Bank, N.A., No. H043002, Calif. App., 6th Dist., 2017 Cal. App. Unpub. LEXIS 7984).

  • November 27, 2017

    Judge Certifies Class Of Purchasers Of Fitbit Sleep Tracking Devices

    SAN FRANCISCO — A California federal judge on Nov. 20 granted a motion filed by purchasers of devices made by Fitbit Inc. to certify class for violation of California and Florida law in relation to alleged misrepresentations about sleep tracking, but found that a claim for negligent misrepresentation under Florida law must proceed individually (James Brickman, et al. v. Fitbit Inc., No. 3:15-cv-02077, N.D. Calif., 2017 U.S. Dist. LEXIS 191788).

  • November 22, 2017

    Uber Announces Massive Data Breach, Hit With Class Complaint

    LOS ANGELES — The same day Uber Technologies Inc. revealed in a Nov. 21 statement that it had experienced a data breach in late 2016, a class action complaint was filed against the ride-hailing firm in California federal court, alleging negligence, invasion of privacy and unfair competition (Alejandro Flores v. Rasier LLC, et al., No. 2:17-cv-08503, C.D. Calif.).

  • November 21, 2017

    Amended Class Complaint Filed Over Fraudulent TurboTax Filings

    SAN JOSE, Calif. — In the wake of orders partly dismissing their claims and compelling arbitration of some parties’ claims, the plaintiffs in a putative class action against Intuit Inc. filed an amended complaint in California federal court Nov. 17, restating negligence and unfair competition claims related to the filing of fraudulent tax returns by criminals that exploited purported lax security in Intuit’s TurboTax software (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).

  • November 20, 2017

    Insureds Claim Blue Shield Violated UCL In Denying Coverage For Prostheses

    LOS ANGELES — Insureds on Nov. 7 filed a class action complaint in a California court against an insurer, alleging that it violated California’s unfair competition law (UCL) when it denied coverage for certain lower limb prosthetic devices (Adam Viguers, et al. v. California Physicians’ Service, et al., No. BC682172, Calif. Super., Los Angeles Co.).

  • November 20, 2017

    Court Finds UCL, Labor Code Claims Are Not Subject To Arbitration

    SAN FRANCISCO — A California appeals court on Nov. 15 found that an employee’s claims for violation of the California Labor Code and California’s unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court’s decision refusing to compel arbitration of the claims (Christopher Silva v. Fry’s Electronics Inc., No. A146622, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 7875).

  • November 15, 2017

    Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

    SAN FRANCISCO — Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers — primarily females — suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).

  • November 15, 2017

    Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

    LOS ANGELES — After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California’s unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy M. Horner v. The Bank of New York Mellon, et al., No. 17-1489, C.D. Calif., 2017 U.S. Dist. LEXIS 187362).

  • November 15, 2017

    Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid

    SAN DIEGO — A plaintiff’s failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are “Made in U.S.A.” violates California law, a California federal judge ruled Nov. 13, finding that the plaintiff only needs to credibly allege that the amount coming from outside the United States is greater than 10 percent (Kenrick Claiborne v. Church & Dwight Co., Inc., No. 17-746, S.D. Calif., 2017 U.S. Dist. LEXIS 187343).

  • November 14, 2017

    California Court Affirms Dismissal Of UCL Claim Against Payment Services Firm

    LOS ANGELES — A California appeals court on Nov. 9 found that a lower court did not err when it sustained a county payment services company’s demurrer as to claims asserted by a user of the service for violation of California’s unfair competition law (UCL) and civil code, finding that the company did not violate any law when it charged a processing fee (Gina Wood v. Link2Gov Corp., No. B271920, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 7729).

  • November 9, 2017

    California Court Grants Judgment For Lender On Junk Fax Claims

    SAN DIEGO — A California federal judge on Nov. 6 granted summary judgment for a small business lender, finding that it did not violate California’s unfair competition law (UCL) and other state laws when it sent various small business owners “junk faxes” (David Meyer, et al. v. Capital Alliance Group, et al., No. 15-CV-2405, S.D. Calif., 2017 U.S. Dist. LEXIS 183690).