Mealey's California Section 17200 : Mealey's : Legal News & Analysis

Mealey's California Section 17200

May 24, 2023
Judge Denies TRO Sought By Reptile Show For UCL, Trademark Claims

SACRAMENTO, Calif. — A California federal judge denied a reptile exhibitor’s ex parte application for a temporary restraining order (TRO) barring a rival reptile show host from continuing to operate using a logo the applicant says violates its registered trademark, with the judge finding that the applicant waited too long after learning of the alleged violation to claim that it is at risk of irreparable harm.
May 23, 2023
Judge Won’t Dismiss Suit Against Fruit Snacks Maker For ‘No Preservatives’ Claims

SAN FRANCISCO — A California federal judge on May 22 denied a motion to dismiss certain claims in a putative class action accusing a fruit snacks maker and its promotional company of violating California’s unfair competition law (UCL) and other laws by mislabeling their fruit snacks as containing “no preservatives.”
May 23, 2023
Judge Dismisses UCL Claim Over Scantily Clad Passenger’s Removal From Plane

LOS ANGELES — A California federal judge granted in large part an airline’s motion to dismiss an African American woman’s lawsuit against an airline accusing it of racial bias in violation of federal civil rights statutes and California’s unfair competition law (UCL) for an incident in which she and her aunt were removed from a plane partly due to her revealing outfit, but declined to dismiss her claim for intentional infliction of emotional distress (IIED).
May 22, 2023
4th Amended Complaint Filed In Wells Fargo COVID-19 Mortgage Forbearance Dispute

SAN FRANCISCO — A group of homeowners who sued Wells Fargo for allegedly putting their residential mortgages into forbearance without their consent during the COVID-19 pandemic on May 19 filed a fourth amended complaint in response to an order on the lender’s motion to dismiss.
May 18, 2023
California Court Publishes UCL, Mental Health Coverage Ruling

SAN FRANCISCO — A California appeals court on May 17 published an opinion after insureds, the California attorney general and the city of San Diego argued that the ruling finding that courts could interpret health care statutes and that payment for mental health insurance coverage that was not accessible created standing for a California unfair competition law (UCL) claim was unique and of wide importance.
May 16, 2023
DMCA, UCL Claims Against Microsoft, GitHub Over AI Tools Largely Dismissed

SAN FRANCISCO — A California federal judge dismissed most of the claims brought by two John Doe plaintiffs against Microsoft Corp., GitHub Inc. and OpenAI LP over the purported misuse of open-source code in artificial intelligence (AI) tools, including alleged violations of the Digital Millennium Copyright Act (DMCA) and California’s unfair competition law (UCL), with the judge finding failures to establish standing and plead injuries, among other things.
May 16, 2023
Advertising Of H&M’s ‘Conscious Choice’ Line Class Claims Dismissed

ST. LOUIS — A federal judge in Missouri granted a clothing chain’s motion to dismiss putative class claims alleging that it misled consumers with its “conscious choice” line, finding that one of the named plaintiffs from a different state failed to show that his claims were in any way connected to Missouri and the other, who is a resident of Missouri, failed to state any claims against the defendant.
May 15, 2023
Solar Roof Customers, Tesla Reach Class Settlement In Principle In Pricing Suit

SAN FRANCISCO — A federal judge in California stayed a putative class lawsuit accusing Tesla Inc. of increasing the cost for a solar roof after customers sign contracts and directed the parties to file their motion for preliminary approval by June 12.
May 15, 2023
$10M Settlement Gets Preliminary OK In Suit Over Roblox Deleting Digital Goods

SAN FRANCISCO — A California federal judge granted a motion for preliminary approval of a $10 million settlement to resolve putative class action claims that an online video game developer violated California’s unfair competition law (UCL) and other statutes by charging roughly 8 million users for digital items the company later deleted from the game without refunds.
May 15, 2023
Judge Refuses Dismissal Of UCL Suit Against Electric Shock Dog Collar Company

LOS ANGELES — A California federal judge denied a pet products manufacturer’s motion to dismiss an amended putative class complaint accusing it of violating California’s unfair competition law (UCL) by concealing the health risks of its electric shock training products for dogs, writing that the motion is a “poorly disguised motion to reconsider” an order denying its earlier motion to dismiss.
May 11, 2023
Judge Sustains Demurrer To UCL Suit Against Developer For Addictive ‘Loot Boxes’

LOS ANGELES — A California judge sustained a mobile app developer’s demurrer to a putative class action accusing it of violating California’s unfair competition law (UCL) and gambling laws by deceiving consumers into paying to obtain “loot boxes” through its mobile game “Fate/Grand Order” (FGO) but granted the plaintiff leave to amend.
May 11, 2023
High Court Rejects Dormant Commerce Clause Challenge To California Pork Law

WASHINGTON, D.C. — The U.S. Supreme Court held May 11 in a 5-4 vote that the Ninth Circuit U.S. Court of Appeals properly dismissed a lawsuit brought by pork industry associations challenging a California state law prohibiting sales of pork products produced from animals kept in “a cruel manner,” which is punishable under California’s unfair competition law (UCL), and rejected arguments that the law violates the dormant commerce clause of the U.S. Constitution.
May 11, 2023
Calif. Federal Judge: Builder Failed To Prove Damages In Default Judgment Motion

LOS ANGELES — In denying two separate motions for default judgment filed by a builder against subcontractors that failed to respond to pleadings arising from the alleged defective construction of a youth center, a California federal judge found that the builder failed to provide evidence of its alleged damages.
May 10, 2023
Panel Reverses Denial Of Anti-SLAPP Motion In UCL Suit For Reputational Harm

LOS ANGELES — A California appellate court panel reversed a trial court’s denial of a defense motion to strike under the state’s anti-Strategic Lawsuit Against Public Participation (SLAPP) law, writing that the defendant’s claims that purportedly damaged the reputation of her ex-boyfriend and formed the basis for his claim that she violated California’s unfair competition law (UCL) are protected speech under the statute.
May 09, 2023
California Jury Returns Verdict In Insurer’s Favor In COVID-19 Coverage Suit

LOS ANGELES — A California jury returned a special verdict in favor of a commercial property insurer in insureds’ breach of contract coverage lawsuit arising from the coronavirus pandemic, finding that SARS-CoV-2 did not cause any direct physical loss or damage to the insureds’ hotel on or before June 1, 2020.
May 09, 2023
Judge Orders Briefing On Dismissal Of Class UCL Claim For ‘Vanilla’ Yogurt

SAN FRANCISCO — A California federal judge ordered a putative class action plaintiff and a yogurt maker to file a joint brief on their settlement after the parties stipulated to a voluntary dismissal of the plaintiff’s suit accusing the defendant of violating California’s unfair competition law (UCL) by mislabeling its yogurt as vanilla flavored in violation of state and federal regulations.
May 05, 2023
Consumers Seek Rehearing After 11th Circuit Vacates $8M Supplements Labeling Pact

ATLANTA — Consumers who reached an $8 million class settlement with a supplement seller in a lawsuit over labeling claims filed a petition for rehearing en banc after an 11th Circuit U.S. Court of Appeals panel vacated the settlement approval based on a finding that the consumers lacked standing as they failed to sufficiently allege a continuing harm.
May 04, 2023
Judge Remands UCL Suit Against Walmart For Overpricing To State Court

SAN DIEGO — A California federal judge remanded a consumer’s putative class action suit against Walmart for allegedly violating California’s unfair competition law (UCL) by charging higher prices at checkout than the prices posted and displayed for certain items after finding that the court lacks jurisdiction over the consumer’s claims.
May 03, 2023
Judge Won’t Alter Dismissal Of UCL Suit Against Hamburger Helper Maker

SAN DIEGO — A California federal judge denied a motion to amend a judgment of dismissal filed by a putative class action plaintiff who accused food manufacturers of violating California’s unfair competition law (UCL) by concealing the use of partially hydrogenated oils (PHOs) in their Hamburger Helper-brand food products, finding that the plaintiff’s motion fails for lack of an accompanying affidavit as required by local rules of procedure.
May 02, 2023
Federal Judge Strikes Class Allegations In Bias Complaint Against UPS

SAN FRANCISCO — A federal judge in California struck class allegations in a lawsuit accusing United Parcel Service Inc. (UPS) and the coordinator for UPS’s Oakland, Calif., hub of discriminating against female workers due to their gender, age and disabilities by relegating them to work in the back and to “dead end” job opportunities, finding that “multiple rounds of pleading demonstrate that a class action cannot be plausibly maintained.”
May 02, 2023
Consumers Allege Conspiracy To Inflate Battery Prices In Putative Class Action

SAN FRANCISCO — Two plaintiffs in a putative class action filed in California federal court contend that battery manufacturer Energizer Holdings Inc. and nationwide retailer Wal-Mart Inc. conspired to artificially inflate prices for disposable batteries in violation of California’s unfair competition law (UCL) and other statutes.
May 01, 2023
Off-Road Vehicle Seller Asks High Court To Take Up CAFA, Merits Of Claim Question

WASHINGTON, D.C. — An off-road vehicle company filed a petition for a writ of certiorari with the U.S. Supreme Court challenging a decision by the Ninth Circuit U.S. Court of Appeals clearing the way for a California unfair competition law (UCL) claim in a putative class complaint over safety labeling to be refiled in state court and arguing that the merits of the claim should have been reached as the court had jurisdiction pursuant to the Class Action Fairness Act (CAFA).
May 01, 2023
School District Sues Social Media Companies For Youth ‘Mental Health Crisis’

SAN FRANCISCO — A Northern California county superintendent of schools on April 28 filed a complaint seeking to join a growing multidistrict litigation against social media companies, contending that the companies behind the apps and platforms of TikTok, Facebook, Instagram, Snapchat and YouTube have “created a mental health crisis” among youth in violation of California’s unfair competition law (UCL), racketeering laws and other statutes.
May 01, 2023
Panel Reverses Dismissal Of UCL Suit For ‘Hidden’ Fee Charged After ER Visit

FRESNO, Calif. — A California appellate panel on April 28 reversed a trial court’s dismissal of a patient’s putative class action against a medical services provider, which he accused of violating California’s unfair competition law (UCL) for charging him a more than $8,000 undisclosed emergency room fee after finding that the trial court’s dismissal improperly created a “safe harbor” protecting the provider from conduct that was not mandated by state and federal pricing disclosure requirements.
May 01, 2023
Judge Denies Dismissal In Insurance Fraud Suit Seeking Relief Under ERISA, UCL

LOS ANGELES — A California federal judge denied surgery centers’ dismissal in a cheese manufacturing company’s suit against them for alleged fraudulent billing for health care benefits related to unnecessary or unperformed medical services, restitution under the Employee Retirement Income Security Act and violations of California’s unfair competition law (UCL), finding that the fraud and UCL violations claims show alleged fraud and that the company established its fiduciary status under ERISA.