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LexisNexis® Mealey's™ California Section 17200 Legal News



Headline California Section 17200 Legal News from LexisNexis®



 



9th Circuit Finds No Evidence Braking System Is Defective, Affirms Ruling
PASADENA, Calif. - The 10th Circuit U.S. Court of Appeals on Sept. 2 affirmed a district court's decision to grant summary judgment on claims for violation of California's unfair competition law (UCL) and other claims for a vehicle maker, finding that purchasers failed to show that it contained a defective braking system (Jessica M. Kramer, et al. v. Toyota Motor Corp., a Japanese corporation / a foreign corporation, DBA Toyota Motor North America, Inc.; et al., No. 13-56433, 9th Cir.; 2016 U.S. App. LEXIS 16280).



Judge Stays Class Against KIND Pending FDA Ruling On Term 'Natural'
NEW YORK - A New York federal judge on Sept. 15 stayed claims asserted by consumers for violation of California's unfair competition law (UCL), negligent misrepresentation and other causes of action asserted against a seller of snack foods pending the outcome of a decision by the Food and Drug Administration on the use of the word "natural" on product labels (In re: Kind LLC "Health and All Natural" Litigation, Nos. 15-MD-2645 [WHP],15-MC-2645 [WHP], S.D. N.Y.; 2016 U.S. Dist. LEXIS 125752).



Judge Says Purchaser Lacks Standing To Bring Claims Related To Mulch
FRESNO, Calif. - A California federal judge on Sept. 14 granted a motion filed by a producer of mulch that was sold by Lowes Home Centers LLC to dismiss claims for violation of California's unfair competition law (UCL) and other California law claims in relation to the amount of mulch that is in the bags, finding that a purchaser lacked standing (Glenn McMillan v. Lowes Home Centers LLC, et al., No. 1:15-cv-00695, E.D. Calif.; 2016 U.S. Dist. LEXIS 125162).



Federal Judge Allows California Law Claims Against Spice Maker To Proceed
SAN FRANCISCO - A California federal judge on Sept. 6 dismissed an organic spice maker's claims for trademark infringement with leave to amend, but allowed its claims for violation of various California laws (Morton & Basset LLC v. Organic Spices Inc., No. 15-cv-01849, N.D. Calif.; 2016 U.S. Dist. LEXIS 120092).



Federal Judge Remands Claims By Sleep Centers For Payment To State Court
LOS ANGELES - A California federal judge on Sept. 12 granted a request to remand claims for violation of California's unfair competition law (UCL) and other claims asserted by operators of sleep centers in relation to allegedly unpaid medical care by insurers, finding that the district court lacked federal jurisdiction (Northern Va. Operating Co. LLC, et al. v. CIGNA Healthcare of Ca. Inc., et al., No. 16-5168, C.D. Calif.; 2016 U.S. Dist. LEXIS 124291).



Judge Finds Medical Supplier Lacks Standing To Assert California Law Claims
OAKLAND, Calif. - A California federal judge on Sept. 8 found that an orthopedic medical products supplier lacked standing to assert claims for violation of California law, granting a motion filed by another medical supplier to dismiss the case (Golden State Orthopaedics Inc. Howmedica Osteonics Corporation d/b/a Stryker Orthopaedics, No. 14-cv-3073, N.D. Calif.; 2016 U.S. Dist. LEXIS 121710).



Federal Judge Stays UCL And Trademark Claims Pending Ruling
SAN FRANCISCO - A California federal judge on Aug. 26 stayed a trademark infringement case filed in relation to a mark for apparel, pending the outcome of a motion to dismiss a related case filed in New York (Therapy Stores Inc. v. JGV Apparel Group LLC, et al., No. 4:16-cv-02588-YGR, N.D. Calif.; 2016 U.S. Dist. LEXIS 115012).



Federal Judge Allows UCL Claim Against Home Depot To Proceed
SAN FRANCISCO - A California federal judge on Sept. 9 granted the majority of a retailer's motion to dismiss claims for fraud and negligence related to the installation of cabinets but allowed part of her claim for violation of California's unfair competition law (UCL) to proceed (Ellen Coffen v. Home Depot U.S.A. Inc., No. 16-cv-03302, N.D. Calif.; 2016 U.S. Dist. LEXIS 122576).



Judge Refuses To Stay UCL And Labor Claims Pending Outcome Of New York Action
SACRAMENTO, Calif. - After finding that no exceptional circumstances existed in an action in which a former franchisee asserts claims for violation of California's unfair competition law (UCL) and other causes of action, a California federal judge on Aug. 30 refused to stay the case pending the outcome of another related action pending in New York (James S. Martin v. Minuteman Press International Inc., et al., No. 2:16-cv-00833, E.D. Calif.; 2016 U.S. Dist. LEXIS 116733).



Judge Finds UCL And Labor Code Claims Against Employer Can Proceed
SAN FRANCISCO - A California federal judge on Sept. 7 denied an employer's motion to dismiss all of the claims asserted against it in relation to employee meal breaks, finding that his claims for violation of California's unfair competition law (UCL) and the state labor code were properly pleaded (Terrill Johnson v. Q.E.D. Environmental Systems Inc., No. 16-cv-01454, N.D. Calif.; 2016 U.S. Dist. LEXIS 120900).



Federal Judge Remands Borrower's Foreclosure Claims To State Court
RIVERSIDE, Calif. - In an unpublished opinion, a California federal judge on Sept. 14 remanded claims for violation of California's unfair competition law (UCL) and wrongful foreclosure to state court, finding that a borrower failed to show that diversity jurisdiction existed because both the borrower and a law firm named as defendant were citizens of California (Jin Ju Sung v. Bank of America, N.A., et al., No. 16-1797, C.D. Calif.; 2016 U.S. Dist. LEXIS 125198).



Judge Dismisses UCL And HBOR Claims Against JP Morgan Chase
SAN FRANCISCO - A California federal judge on Aug. 29 found that a borrower failed to adequately plead his claims related to his application for a loan modification, granting a bank's motion to dismiss his claims for negligence, intentional infliction of emotional stress and violation of California law (Douglas K. Ivey v. JP Morgan Chase Bank, N.A., et al., No. 16-cv-00610, N.D. Calif.; 2016 U.S. Dist. LEXIS 115863).



California Federal Judge: Bus Driver's Class Counsel Is Inadequate
LOS ANGELES - A California federal judge on Aug. 26 denied a motion for certification of a class of bus drivers bringing wage-and-hour claims, finding that class counsel does not meet Federal Rule of Civil Procedure 23's adequacy requirement (James Motty, et al. v. First Student, Inc., et al., No. 15-7463, C.D. Calif.; 2016 U.S. Dist. LEXIS 114948).



IPhone User Sues Apple For Failure To Honor Phone Upgrade Program
SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone Upgrade Program" (Emil Frank v. Apple Inc., No. 5:16-cv-05217, N.D. Calif.).



Court Finds Claims Against Insurer Are Preempted By Preapproval Process
LOS ANGELES - After finding that claims for violation of California's unfair competition law (UCL), negligence and other causes of action were preempted by the fact that an insurers' marketing materials and coverage must first be approved by the Centers for Medicare & Medicare Services before becoming effective and that an insured failed to exhaust his administrative remedies, a California appeals court on Aug. 4 affirmed a trial court's dismissal of the case (Edward J. Roberts v. United Healthcare Services Inc., No. B266393, Calif. App., 2nd Dist., Div. 2; 2016 Call. App. LEXIS 645).



9th Circuit Affirms Dismissal Of UCL Claim In Dispute Over Polysilicon
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 29 affirmed the dismissal of claims for violation of California's unfair competition (UCL) in relation to a contract for the supply of polysilicon based on forum non conveniens (Adema Technologies Inc., et al. v. Wacker Chemical Corp., et al., No. 14-16618, 9th Cir.; 2016 U.S. App. LEXIS 13742).



Judge Allows Majority Of Class Claims Against General Mills To Proceed
SAN FRANCISCO - A California federal judge on Aug. 5 refused to completely dismiss a class action complaint filed by consumers who assert claims for violation of California's unfair competition law (UCL) in relation to cereal labeling, finding that a reasonable consumer could possibly be deceived by the advertisement (Nancy Coe, et al. v. General Mills Inc., No. 15-cv-05112, N.D. Calif.; 2016 U.S. Dist. LEXIS 105769).



Judge Finds Purchasers Failed To Show Teething Tablets Do Not Work
LOS ANGELES - A California federal judge on Aug. 16 found that claims for violation of California's unfair competition law (UCL) and for false advertising asserted by purchasers of homeopathic teething tablets and other products failed because the purchasers did not show by a preponderance of the evidence that the products do not do what they say they will do on the product packaging (Kim Allen, et al. v. Hyland's Inc., et al., No. 12-1150, C.D. Calif.; 2016 U.S. Dist. LEXIS 108683).



Judge Finds Claims Against Macy's Related To Bath Mats Should Be Dismissed
FRESNO, Calif. - A California federal judge on July 21 granted a retailer's request to dismiss claims for violation of California's unfair competition law (UCL) and other California law claims against it, finding that a purchaser's allegations are solely based on misleading statements on the packaging of bath mats (John Crenshaw v. Macy's Inc., et al., No. 1:16-CV-765, E.D. Calif.; 2016 U.S. Dist. LEXIS 95522).



Judge Refuses To Dismiss Class Claims Related To Labels On Dairy Beverages
SAN FRANCISCO - A California federal judge on Aug. 16 refused to dismiss a consumer's class action claims for violation of California's unfair completion law (UCL) and other causes of action in relation to allegedly misleading labels on probiotic dairy beverages, denying the manufacturer's motion to dismiss the case and to strike the claims (Robert E. Figy v. Lifeway Foods Inc., No. 13-cv-04828, N.D. Calif.; 2016 U.S. Dist. LEXIS 108755).



Judge Finds Class Claims Can Proceed Against Kate Spade For False Advertising
SAN FRANCISCO - After finding that a group of consumers who allege that a designer makes inferior quality products for its outlets stores and advertises them as being boutique quality pleaded their class action claims with the required particularity, a California federal judge on July 26 refused to dismiss their causes of action for violation of California's unfair competition law (UCL), false advertising and other claims (Gaylia Pickles, et al. v. Kate Spade and Company, No. 15-cv-05329, N.D. Calif.; 2016 U.S. Dist. LEXIS 98187).



California Federal Judge Dismisses Class Suit Alleging Inflated Outlet Prices
SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371, S.D. Calif.; 2016 U.S. Dist. LEXIS 96175).



Federal Judge Enters Default Against Seller Of Copied Smoking Products
RIVERSIDE, Calif. - After finding that the relevant factors weighed in favor of granting a smoking product maker's motion for a default judgment on its claims of trademark infringement and violation of California's unfair competition law (UCL), a California federal judge on Aug. 10 granted its motion for default judgment against a store owner (Sream Inc. v. Pankaj R. Lavingia, et al., No. 16-00806, C.D. Calif.; 2016 U.S. Dist. LEXIS 106540).



9th Circuit Again Finds Wage Claims Against Craft Stores Are Time-Barred
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals on July 15 granted a petition for panel rehearing and/or clarification filed by the lead plaintiff in lawsuit accusing a retailer of wage violations but issued an accompanying order nearly identical to the one issued on May 19 in which it reversed a district court's denial of the employer's motion for judgment on the pleadings (L. Anderson v. Michaels Stores Inc., No. 14-56726, 9th Cir.; 2016 U.S. App. LEXIS 13055 and 2016 U.S. App. LEXIS 13056).



California Court Finds It Lacks Jurisdiction Over Claims Against University
LOS ANGELES - After finding that it lacked jurisdiction over a former university employee's claims for violation of the California labor code and unfair competition law (UCL) in relation to termination of his employment, a California appeals court on Aug. 12 affirmed a trial court's decision to grant a motion to quash service of summons for lack of personal jurisdiction (Sergio Melgar v. State of Kentucky, et al., No. B264723, Calif. App., 2nd Dist., Div. 5; 2016 Cal. App. Unpub. LEXIS 5942).



Judge Finds Wage-Related Claims Against Food Company Are Cognizable
FRESNO, Calif. - After previously finding that a food company employee's claims for violation of California's unfair competition law (UCL) and Labor Code were cognizable, a California federal judge on Aug. 1 refused to dismiss the claims or, in the alternative, to grant interlocutory appellate certification (Jerrod Finder, on behalf of himself and class of others similarly situated v. Leprino Foods Co., et al., No. 1:13-CV-02059, E.D. Calif.; 2016 U.S. Dist. LEXIS 100417).



Judgment For UCL Claims Is Amended In Taco Bell Worker Wage Suit
FRESNO, Calif. - A California federal magistrate judge on July 15 denied motions for judgment as a matter of law filed by both sides in a wage-and-hour dispute but granted the plaintiffs' motion to amend the judgment and entered judgment in favor of one of the three classes of workers on their California unfair competition law (UCL) claims (In Re Taco Bell Wage and Hour Actions, No. 07-1314, E.D. Calif.; 2016 U.S. Dist. LEXIS 92360).



Class Action Claimant Appeals Ruling For Insurers To 9th Circuit
LOS ANGELES - Class action claimants who asserted causes of action for violation of California's unfair competition law (UCL) on July 8 filed a notice of appeal to the Ninth Circuit U.S. Court of Appeals of a federal judge's decision to grant a motion filed by two insurers to dismiss claims against them for lack of standing (James B. Copelan, et al. v. Infinity Insurance Co., et al., No. 2:16-cv-01355, 9th Cir.).



Judge Finds Amount-In- Controversy Requirement Not Met, Remands UCL Claims
FRESNO, Calif. - After finding that an employer's calculation of the amount in controversy in a class action filed in relation to wage claims was speculative, a California federal judge on Aug. 16 granted a former employee's motion to remand his claims for violation of California labor laws and unfair competition law (UCL) to state court (David Dobbs, individually, and on behalf of all others similarly situated, v. Wood Group PSN Inc., an unknown entity, No. 1:16-CV-00838, E.D. Calif.; 2016 U.S. Dist. LEXIS 108714).



9th Circuit Affirms Dismissal, Finds Equitable Tolling Does Not Apply
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 22 affirmed a district court's decision to dismiss a claim for violation of the Truth in Lending Act (TILA) as barred by a statute of limitations because equitable tolling did not apply (Mark McQuinn, et al. v. Bank of America, N.A., as successor to in interest to Countrywide Home Loans Inc., et al., No. 14-56038, 9th Cir.; 2016 U.S. App. LEXIS 13434).



Federal Judge Converts Lenders' Pleadings To Summary Judgment Motions
SAN FRANCISCO - After finding that motions to dismiss claims asserted against various lenders in relation to a foreclosure relied on evidence outside of the pleadings, a California federal judge on July 22 converted it to a motion for summary judgment (Ernest L. Bonner v. Fay Servicing LLC, et al., No. 16-01363, N.D. Calif.; 2016 U.S. Dist. LEXIS 96784).



Judge Awards Production Company $1.8 Million For Improper Use Of Movie Name
LOS ANGELES - A California federal judge on July 11 awarded a movie production company that asserted causes of action for copyright infringement and violation of California's unfair competition law (UCL) $1,885,969.96 in damages and entered a permanent injunction ordering another entity and its owner from ever using the company's movie trademark again (Fuzzy Logic Productions Inc. v. Trapflix LLC, et al., No. 15-6203, C.D. Calif.; 2016 U.S. Dist. LEXIS 90290).



California Court Remands To Allow For Amendments On Animal Research Claims
SAN JOSE, Calif. - A California appeals court on July 5 reversed and remanded a case filed by an animal welfare organization that asserted that a research facility violated California's unfair competition law in relation to its research on goats and rabbits to allow for an amendment to include allegations regarding other species (Stop Animal Exploitation Now v. Santa Cruz Biotechnology Inc., No. H039770, Calif. App., 6th Dist.; 2016 Cal. App. Unpub. LEXIS 5017).



Judge Refuses To Dismiss UCL And Labor Code Claims Against GrubHub
SAN FRANCISCO - A California federal judge on July 13 refused to dismiss claims asserted by delivery drivers for a food service company for violation of California's unfair competition law (UCL) and Labor Code, finding that their claims were sufficiently pleaded at the present stage of the case (Andrew Tan, et al. v. Grubhub Inc., et al., No. 15-cv-05128, N.D. Calif.; 2016 U.S. Dist. LEXIS 91071).



9th Circuit Affirms Dismissal Of UCL Claims Against Lenders
SAN FRANCISCO - In a majority ruling, the Ninth Circuit U.S. Court of Appeals on June 21 affirmed a district court's dismissal of claims for fraud and violation of California's unfair competition law (UCL) asserted by a class of students against two lenders (Andrew Bradshaw, et al. v. SLM Corporation, et al., No. 14-16252, 9th Cir.; 2016 U.S. App. LEXIS 11237).



9th Circuit Affirms Dismissal Of UCL Claim Against Chase
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 12 found that a borrower waived his claims for violation of California's unfair competition law (UCL) by failing to argue them before the district court and affirmed dismissal of his claims (Barbara L. Schramm, et al. v. J.P. Morgan Chase Bank N.A., et al., No. 14-56284, 9th Cir.; 2016 U.S. App. LEXIS 12802).



Federal Judge Finds UCL Claim Against Loan Servicer Is Time-Barred
RIVERSIDE, Calif. - A California federal judge on July 8 denied an application filed by property owners for a temporary restraining order, finding that their claims for violation of California's unfair competition law (UCL) and breach of the implied covenant of good faith and fair dealing were time-barred (Manuel Womandress, et al. v. Specialized Loan Servicing LLC, et al., No. 5:16-cv-01007, C.D. Calif.; 2016 U.S. Dist. LEXIS 88959).



Judge Allows Borrower To Amend RESPA Claim Against Loan Servicer
SACRAMENTO, Calif. - A California federal magistrate judge on July 14 dismissed claims asserted by a borrower against a loan servicer but granted him leave to amend his claim for violation of the Real Estate Settlement Procedures Act (RESPA) and to pursue a claim under California's unfair competition law (UCL) (Frank Malifrando v. Real Time Resolutions Inc., et. al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 91739).



Court Finds Property Owner Lacks Standing To Challenge Foreclosure
VENTURA, Calif. - After finding that a property owner lacks standing to challenge a proposed foreclosure of her property, a California appeals court on June 30 affirmed a decision to grant dismissal without leave to amend in favor of a bank (Denise A. Diller v. JPMorgan Chase Bank, N.A., No. B260857, Calif. App., 2nd Dist., Div. 6; 2016 Cal. App. Unpub. LEXIS 4908).



Federal Judge Finds No Jurisdiction Over California Law Claims
LOS ANGELES - A California federal judge on June 20 found that claims asserted against numerous mortgage lenders for violation of California law must be dismissed for lack of jurisdiction (Mattie Belinda Evans v. Bank of America, N.A., et al., No. 16-4147, C.D. Calif.; 2016 U.S. Dist. LEXIS 80001).



California Court Finds Order Compelling Arbitration Was Not Appealable
LOS ANGELES - After finding that an order compelling arbitration of class action claims for violation of California's unfair competition law (UCL) and Labor Code asserted by an employee of a rent-a-car service was not appealable, a California appeals court on July 5 dismissed the appeal in favor of the service (Evan Landy v. Midway Rent A Car, Inc., No. B264640, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. Unpub. LEXIS 4906).



Judge Allows UCL And FAL Claims Against Design Firm To Proceed
SAN FRANCISCO - A California federal judge on June 29 granted a motion filed by a design company and its employees to dismiss claims against them for violation of the Fair Debt Collection Practices Act (FDCPA) in relation to the construction of a dog daycare facility, but allowed claims for violation of California's unfair competition law (UCL) and False Advertising Law (FAL) to proceed (Raymond Yu v. Resign Learned, Inc., et al., No. 15-cv-05345, N.D. Calif.; 2016 U.S. Dist. LEXIS 85591).



Judge Dismisses California Law Claims Against Insurers For Lack Of Standing
LOS ANGELES - A California federal judge on June 14 granted a motion filed by two insurers to dismiss claims against them, finding that two claimants lacked standing to bring causes of action for violation of California's insurance code and unfair competition law (UCL) (James B. Copelan, et al. v. Infinity Insurance Co., et al., No. 16-1355, C.D. Calif.; 2016 U.S. Dist. LEXIS 82847).



Judge Allows Owners Of Storage Units To File Complaint Against Insurer
SACRAMENTO, Calif. - After finding that various arguments under California's unfair competition law (UCL) made by an insurer failed, a California federal judge on June 27 granted a motion filed by the owners of self-storage units to file a cross-complaint against it for indemnity (John Deleon, individually and on behalf of all others similarly situated and on behalf of the general public, Elite Self Storage Management LLC, No. 2:15-cv-02087, E.D. Calif.; 2016 U.S. Dist. LEXIS 83308).



Some Claims Tossed, Some Survive Dismissal In Starbucks Underfill Suit
SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).



Judge Certifies Class For California Homeowners With Allegedly Defective Roof Tiles
SACRAMENTO, Calif. - In an order entered July 5, a California federal judge certified a class for consumers whose homes have roofing tiles that were made by Dura-Loc Roofing Systems Limited that are allegedly defective because they are not UV resistant, finding that common evidence and proof can determine if the shingles are defective, if the shingles did not comply with the limited warranty and if Metals USA Inc., the successor to Dura-Loc, can be liable for damages (James Wilson, et al. v. Metals USA Inc., No. 12-CV-0568-KJM-CKD, E.D. Calif.).



Volkswagen To Pay Additional $86M To California Over Emissions Defeat Devices
SAN FRANCISCO - Volkswagen AG agreed on July 7 to pay an additional $86 million in civil penalties to the state of California to resolve allegations that the car manufacturer installed "defeat devices" in its 2.0- and 3.0-liter diesel vehicles to evade emissions, according to an unopposed motion to enter a partial consent decree filed in California federal court (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, MDL 2672, Case No. 15-md-2672, People of the State of California v. Volkswagen AG, et al., No. 16-cv-3620, N.D. Calif.).