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Preview: LexisNexis® Mealey's™ California Section 17200 Legal News

LexisNexis® Mealey's™ California Section 17200 Legal News



Headline California Section 17200 Legal News from LexisNexis®



 



Panel Affirms Dismissal Of Anti-SLAPP Motion, Finds Tenant Waived Argument
LOS ANGELES - A California panel on Sept. 18 affirmed a trial court's decision to grant a hotel management company's strategic lawsuit against public participation motion in relation to a tenant's causes of action for violation of California's unfair competition law (UCL), invasion of privacy and other claims, finding that the tenant waived any argument on appeal after he failed to oppose the motion (Troy A. Stewart v. Extended Stay America, et al., No. B272333, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 6383).



Judge Dismisses UCL Claim Related To Curricula, Allows Infringement Claim
SAN FRANCISCO - After finding that parts of curricula were duplicated, a California federal judge on Sept. 22 refused to dismiss the owner of the copyright's claim for infringement but dismissed her claims for violation of California's unfair competition law (UCL) and interference for failure to plead with particularity (Alisa Wolf, et al. v. Futures Explored, et al., No. 3:16-cv-03297, N.D. Calif., 2017 U.S. Dist. LEXIS 155614).



Copyright, Trademark, Patent Claims To Proceed In California Federal Court
LOS ANGELES - Efforts by a defendant to obtain dismissal of allegations of copyright, trademark and design patent infringement stemming from the sale of luxury candy were unsuccessful Sept. 25, when a California federal judge deemed the allegations adequately pleaded (Sugarfina Inc. v. Sweet Pete's LLC, No. 17-4456, C.D. Calif., 2017 U.S. Dist. LEXIS 156711).



Judge Refuses To Dismiss UCL, Warranty Claims Regarding Coconut Oil Labeling
SAN DIEGO - After finding that a consumer sufficiently pleaded that she relied on various representations regarding the health benefits of coconut oil, a California federal judge on Sept. 18 denied a motion filed by the maker of the product to dismiss the purchaser's claims for violation of California's unfair competition law (UCL) and other causes of action (Syndi Tracton v. Viva Labs Inc., No. 16-cv-2772, S.D. Calif., 2017 U.S. Dist. LEXIS 151178).



Judge Refuses To Dismiss UCL Claim Against Hair Product Maker
NEW YORK - After finding that consumers who believed they were purchasing hair products that contained keratin sufficiently asserted their claims for violation of California unfair competition law (UCL) and false advertising, a New York federal judge on Oct. 5 refused to dismiss the claims (Brandi Price, et al. v. L'Oreal USA Inc., et al., No. 17-0614, S.D. N.Y., 2017 U.S. Dist. LEXIS 165931).



9th Circuit Reverses Class Decertification In Aphrodisiac Supplement Suit
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court's decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion when it based its decision on the lead plaintiff's inability to provide restitution damages through the full refund model (Troy Lambert, et al. v. Nutraceutical Corp., No. 15-56423, 9th Cir., 2017 U.S. App. LEXIS 17923).



Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit
SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-cv-05221, N.D. Calif., 2017 U.S. Dist. LEXIS 149440).



Judge Finds Reputation Management Firm Did Not Agree To Settle Fraud Action
SAN JOSE, Calif. - After finding that a company never agreed to settle claims for violation of California's unfair competition law (UCL) and conspiracy in relation to allegations that it participated in a scheme to create fake news, a California federal judge on Sept. 27 refused to grant approval of the agreement (Consumer Opinion LLC v. Frankfort News Corp., et al., No. 16-cv-05100, N.D. Calif., 2017 U.S. Dist. LEXIS 159251).



Judge Dismisses UCL, Implied Covenant Claims In Software Platform Dispute
SAN FRANCISCO - A California federal judge on Sept. 25 partially granted a gift company's motion to dismiss a software solutions and support company's claim for breach of the implied covenant of good faith and fair dealing but also dismissed a counterclaim for violation of California's unfair competition law (UCL), finding that the gift company failed to show that consumers were injured by an allegedly unlawful business practice committed by the software firm (Pierry Inc. v. Thirty-One Gifts, LLC, No. 17-cv-03074, N.D. Calif., 2017 U.S. Dist. LEXIS 156681).



Federal Judge Refuses To Compel Arbitration Of UCL, False Advertising Claims
OAKLAND, Calif. - A California federal judge on Oct. 2 found that claims asserted by a consumer who rented an air conditioner from a rent-to-own company for violation of California's unfair competition law (UCL) and other California state laws could not be compelled to arbitration because they all seek public injunctive relief (Paula Blair, et al. v. Rent-A-Center Inc., et al., No. 17-02335, N.D. Calif., 2017 U.S. Dist. LEXIS 163979).



Judge Dismisses UCL, Contract Claims Against Insurer, Finds Lack Of Facts
SACRAMENTO, Calif. - After finding that an emergency services provider failed to plead sufficient facts to show that an insurer violated California's unfair competition law (UCL) or whether its claims were preempted under the Medicare Act, a California federal judge on Sept. 29 dismissed the provider's claims related to an alleged payment scheme with leave to amend (Prime Healthcare Services-SHASTA LLC v. United Healthcare Services Inc., et al., No. 2:16-cv-01773, E.D. Calif., 2017 U.S. Dist. LEXIS 162863).



Judge Refuses To Grant Relief From Order Dismissing Fraud Claims
SAN DIEGO - Despite an admission by a policy holder's counsel that he was unable to assist [ee]his client in drafting her complaint, a California federal judge on Oct. 11 refused to grant her relief from an order dismissing her complaint, in which she asserted claims for fraud and violation of California's unfair competition law (UCL) against a life insurance carrier (Dolores Earlywine v. USAA Life Insurance Co., No. 3:17-CV-328, S.D. Calif., 2017 U.S. Dist. LEXIS 168287).



Judge Finds Lack Of Federal Jurisdiction Over Borrowers' UCL Claim
LOS ANGELES - A California federal judge on Sept. 29 remanded a borrower's claims for violation of California's unfair competition law (UCL) and California Civil Code in relation to a nonjudicial foreclosure, finding that the court lacked jurisdiction (Zoila Villafana, et al. v. Wells Fargo, N.A., et al., No. 17-6852, C.D. Calif., 2017 U.S. Dist. LEXIS 164906).



Judge Orders Consumer Alleging Injury Claims Against Nutribullet To Show Cause
LOS ANGELES - A California federal judge on Oct. 5 ordered a consumer who was allegedly injured while using a Nutribullet mixer to show cause as to why the court has jurisdiction to hear her claims for negligence, violation of California's unfair competition law (UCL) and other causes of action (Tiffany Burton, et al. v Nutribullet LLC, et al., No. 17-3358, C.D. Calif., 2017 U.S. Dist. LEXIS 165606).



ACA, UCL Claims Against Health Care Provider Survive In Transgender Case
SAN DIEGO - Allegations that an emergency health care provider touted its compassion toward those with gender dysphoria and then repeatedly referred to a transgender boy as female support his mother's Patient Protection and Affordable Care Act (ACA) and California unfair competition law claims, a federal judge in California held Sept. 27 (Katharine Prescott, et al. v. Rady Children's Hospital - San Diego, No. 16-2408, S.D. Calif., 2017 U.S. Dist. LEXIS 160259).



Judge Dismisses UCL Claim, But Rejects Health Insurer's ERISA Preemption Stance
SAN FRANCISCO - A substance abuse treatment center's three surviving claims involve a provider-insurer relationship outside ERISA's scope, but the provider's unfair competition law (UCL) claims seek relief available through other means and are not among the surviving causes of action, a federal judge in California held Oct. 10 (Summit Estate Inc. v. Cigna Healthcare of California Inc., et al., No. 17-3871, N.D. Calif., 2017 U.S. Dist. LEXIS 167462).



UCL Suit Filed Over Equifax Data Breach On Behalf Of California
SAN FRANCISCO - A San Francisco city attorney on Sept. 26 sued Equifax Inc. in California state court on behalf of the people of the state of California, alleging violation of the state's unfair competition law (UCL) based on the company's purported failure to maintain proper security procedures prior to a recently announced data breach (California v. Equifax Inc., et al., No. CGC-17-561529, Calif. Super., San Francisco Co.).



LinkedIn Tells 9th Circuit Analytics Firm's Bot Scraping Violates The CFAA
SAN FRANCISCO - In an Oct. 3 brief in the Ninth Circuit U.S. Court of Appeals, LinkedIn Corp. seeks reversal of a preliminary injunction preventing it from blocking a data analytics company from collecting and reusing its information, contending that it did not violate California's unfair competition law (UCL), while maintaining that the firm's bot-scraping activities violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).



Panel Affirms Denial Of Injunction In RightFax Trademark Dispute
LOS ANGELES - A California appeals panel on Aug. 24 affirmed a trial court's decision to grant an injunction enjoining a software services company from using the RightFax trademark, finding that the owner of the mark failed to show that it would likely succeed on the merits of its claims for violation of California's unfair competition law (UCL) and trademark infringement (Instant InfoSystems Inc. v. Open Text Inc., No. B276691, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5889).



Judge Grants Discovery Request Related To Illegal Amazon, EBay Sales
SAN FRANCISCO - A California federal judge on Sept. 1 granted a motion filed by a distributor of trademarked and copyrighted products and designs that alleges that a retailer violated trademark law and California's unfair competition law (UCL) by selling counterfeited items online, granting its request for limited discovery from online retailers regarding the defendant's sales and aliases (Jessie Steel, Inc. v. Linda Ann Henderson, No. 17-cv-02179, N.D. Calif., 2017 U.S. Dist. LEXIS 142167).



Judge Dismisses Claims Related To Infringement Of Jewelry Trademarks
SAN FRANCISCO - After finding a lack of federal and subject matter jurisdiction, a California federal judge on Sept. 8 granted a jewelry maker's motion to dismiss claims related to alleged intellectual property infringement but granted a jeweler leave to file a third amended complaint to assert claims for violation of the Declaratory Judgment and Lanham acts (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 145865).



Judge Finds No Support For Drugmaker's UCL, Antitrust Claims
SACRAMENTO, Calif. - After finding that a biotechnology company failed to show that it is a current or potential competitor of a company that uses the same pharmaceutical ingredient in its product, a California federal judge on Sept. 12 dismissed its claims for violation of California's unfair competition law (UCL) and other causes of action (Ixchel Pharma LLC v. Biogen Inc., No. 2:17-00715, E.D. Calif., 2017 U.S. Dist. LEXIS 147742).



Judge Rejects Request To Disqualify Counsel In Town Center Development Dispute
SACRAMENTO, Calif. - A California federal judge on Sept. 14 denied a developer's request to disqualify counsel hired by a tenant who asserts claims for breach of contract and violation of California's unfair competition law (UCL) in relation to two leases, finding that the counsel did not complete any ongoing work for the developer after obtaining the tenant as a client (Regal Cinemas Inc. v. Shops at Summerlin North LP, et al., No. 2:16-cv-02854, E.D. Calif., 2017 U.S. Dist. LEXIS 149497).



Judge Refuses To Dismiss Pricing Scheme Claims Against Ralph Lauren
SAN DIEGO - A California federal judge on Aug. 29 found that a consumer who asserted proposed class action claims related to a retailer's pricing lacked standing under California's unfair competition law (UCL) to obtain injunctive relief but allowed other claims asserted under the UCL and for false advertising to proceed (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).



Settlement Agreements With Ford Over Trucks Were Valid, Judge Rules
OAKLAND, Calif. - After finding that two purchasers of vehicles entered valid settlements with a vehicle maker in relation to the return of their trucks, a California federal judge on Sept. 13 granted summary judgment in favor of the dealer on all of the buyers' claims, including violation of California's unfair competition law (UCL) (Michael J. Sansoe, et al. v. Ford Motor Co., No. 13-cv-5043, N.D. Calif., 2017 U.S. Dist. LEXIS 148617).



Judge Refuses To Strike Class Allegations, Finds UCL Claims Are Representative
SAN FRANCISCO - Since a construction company seeks to assert claims for violation of California's unfair competition law (UCL) as representative claims under state law, rather than as class claims under federal law, a California federal judge on Sept. 12 denied an insurer's motion to strike parts of the company's complaint filed against it in relation to its issuance of general liability insurance policies (Albert D. Seeno Construction Company, et al. v. Aspen Insurance UK Limited, No. 17-cv-03765, N.D. Calif., 2017 U.S. Dist. LEXIS 147646).



Judge Says It's Too Early To Dismiss Energy Firm's Claims Related To Billing
SAN FRANCISCO - Applying the reasoning in a nearly identical lawsuit, a California federal judge on Sept. 8 refused to dismiss an energy provider's claims for violation of the Racketeer Influenced and Corrupt Organizations Act and California's unfair competition law (UCL) in relation to a gas and electric company's alleged unlawful billing practices (Vista Energy Marketing v. Pacific Gas & Electric Company, et al., No. 16-cv-04019, N.D. Calif., 2017 U.S. Dist. LEXIS 145911).



Dealer Did Not Breach UCL In Charging Fees, Federal Judge Rules
OAKLAND, Calif. - After finding that the lessor of a vehicle failed to show that a dealership breached a lease agreement with him, a California federal judge on Sept. 1 dismissed his claims for violation of California's unfair competition law (UCL) and dismissed cross-claims asserted by another dealer that was alleged to have accepted assignment of the lease contract (Weerachai Chaiwong v. Hanlees Fremont Inc., et al., No. 16-cv-04074, N.D. Calif., 2017 U.S. Dist. LEXIS 142318).



Judge: UCL Claims Against Wells Fargo For Collection Of Interest Can Stand
OAKLAND, Calif. - After finding that the majority of a borrower's claims for violation of California's unfair competition law (UCL) in relation to a bank's collection of mortgage post-payment interest were properly pleaded, a California federal judge on Sept. 11 denied the majority of the bank's motion to dismiss the borrower's complaint (Vana Fowler v. Wells Fargo Bank, N.A., No. 17-cv-02092, N.D. Calif., 2017 U.S. Dist. LEXIS 146732).



Judge Dismisses RICO Claims, Finds Lenders Did Not Defraud Company
SAN DIEGO - After finding that lenders did not intentionally defraud a company in relation to payments for insurance and taxes that were not made into an escrow account, California federal judge on Aug. 30 dismissed the company's claims for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) (Crescenzo 1, L.P. v. Deutsche Bank National Trust, et al., No. 3:17-CV-1018, S.D. Calif., 2017 U.S. Dist. LEXIS 140186.)



Judge Finds Federal Court Has Jurisdiction Over UCL, Breach Of Contract Claims
SACRAMENTO, Calif. - After finding that complete diversity jurisdiction exists and that the amount in controversy requirement was met, a California federal judge on Sept. 5 refused to remand claims for violation of California's unfair competition law (UCL) and breach of contract asserted by borrowers against several banks (Katie Way, et al. v. JP Morgan Chase Bank, N.A., et al., No. 2:16-cv-02244, E.D. Calif., 2017 U.S. Dist. LEXIS 143421).



Panel Finds Wrongful Use Of Property Under Elder Abuse Act, Reverses Ruling
SAN FRANCISCO - A California appeals panel on Aug. 23 reversed and remanded a lower court's decision that dismissed claims for negligence and violation of California's unfair competition law (UCL), finding that insureds sufficiently alleged that their insurable interest was a property right under the Elder Abuse and Dependent Adult Civil Protection Act (Frederick Mahan, et al. v. Charles W. Chan Insurance Agency, Inc., et al., No. A147236, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 507).



Judge Remands UCL Claims Against Makers Of Feather Products To California Court
LOS ANGELES - After finding that the makers of down feather products failed to show that claims asserted by a former employer for violation of California's unfair competition law (UCL) and other causes of action did not meet the amount in controversy requirements to maintain federal jurisdiction, a California federal judge on Aug. 28 remanded the case to state court (Maria Serrano v. Pacific Coast Feather Cushion Co., et al., No. 17-4414, C.D. Calif., 2017 U.S. Dist. LEXIS 138153).



Judge Remands UCL Claim To California Court For Lack Of Jurisdiction
OAKLAND, Calif. - After finding that no federal question jurisdiction existed, a California federal judge on Aug. 22 granted a motion filed by borrowers to remand their claims for violation of California's unfair competition law (UCL) against a mortgage company to a state court (Francisco Nanclares, et al. v. RPM Mortgage Inc., No. 16-cv-07188, N.D. Calif., 2017 U.S. Dist. LEXIS 134392).



Final Approval Granted In Faulty BMW Convertible Tops Class Suit Settlement
NEWARK, N.J. - A New Jersey federal judge on Aug. 24 granted final approval of a settlement reached between BMW of North America LLC and BMW Aktiengesellschaft and owners of certain BMW convertibles with allegedly faulty tops that will provide repairs, an extended warranty and reimbursement of out-of-pocket expenses (Robert Gray, et al. v. BMW of North America, LLC, et al., No. 13-3417, D. N.J., 2017 U.S. Dist. LEXIS 135593).



California Yoga Studios Owner To Settle Instructors' Wage Claims For $1.4M
OAKLAND, Calif. - A California federal judge on Sept. 11 granted preliminary approval of a $1.4 million settlement to be paid by the owner of California yoga studios that is accused of failing to fully compensate its instructors for all work and failing to provide overtime, meal and rest breaks (Shauna Barnard v. CorePower Yoga LLC, No. 16-3861, N.D. Calif., 2017 U.S. Dist. LEXIS 146745).



Admitted Expert Opinions Doom Woman's Class Action Over Gingko Biloba Supplements
SAN DIEGO - A consumer cannot pursue a class action alleging that product claims on the label for nutritional supplements are false because admitted expert testimony that scientific evidence supports the claims on the label precludes the consumer's claims, a California federal judge ruled Aug. 23 after denying the consumer's bid to exclude the expert opinions (Tatiana Korolshteyn v. Costco Wholesale Corporation, et al., No. 15-709, S.D. Calif., 2017 U.S. Dist. LEXIS 135303).



Class Claims Over Yahoo Data Breaches Partly Dismissed By Federal Judge
SAN JOSE, Calif. - In a detailed 93-page ruling, U.S. Judge Lucy H. Koh of the Northern District of California on Aug. 30 dismissed some of the claims in a consolidated putative class action over large-scale data breaches experienced by Yahoo Inc., with some unfair competition and breach of contract claims surviving (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.; 2017 U.S. Dist. LEXIS 140212).



Federal Judge Remands UCL Claims Related To Alleged Generic Drug Scheme
LOS ANGELES - A California federal judge on July 31 remanded a case in which the People of the State of California assert claims for violation of California's unfair competition law against numerous pharmaceutical companies and drugmakers, finding that the real plaintiff in the case is the state of California and that the case should be decided in state court (People of the State of California v. Boehringer Ingelheim Pharmaceuticals, Inc., et. al., No. 17-00923, C.D. Calif., 2017 U.S. Dist. LEXIS 121067).



Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing
CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).



California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL
SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).



Judge Vacates Default Ruling In Athletic Apparel Trademark Infringement Case
SAN DIEGO - A California federal judge on July 24 set aside a default ruling entered against the chief operating officer of an apparel company that allegedly infringed on another entity's trademark in violation of federal trademark law and California's unfair competition law (UCL), finding that setting aside the default ruling would not prejudice the owner of the mark (Lights Out Holdings LLC v. Lights Out Apparel LLC, et al., No.16cv2195, S.D. Calif., 2017 U.S. Dist. LEXIS 115326).



Judge Dismisses UCL, False Advertising Claims Related To Juice Sugar Levels
LOS ANGELES - A California federal judge on Aug. 18 partially dismissed claims for false advertising and violation of California's unfair competition law (UCL) asserted by a consumer, who alleged that certain apple juice products mispresented the level of sugar in the drinks, finding that she did not plead her claims with the required amount of particularity (Sonia Perez v. The Kroger Co., et al., No. 2:17-cv-02448, C.D. Calif., 2017 U.S. Dist. LEXIS 133476).



Judge Dismisses Kosher Product Mislabeling Claims For Lack Of Jurisdiction
SAN FRANCISCO - A California federal judge on Aug. 3 granted a candy maker and seller's motion to dismiss a class action lawsuit filed against it in relation to alleged mislabeling of its kosher products, finding that the amount in controversy did not meet a $5 million jurisdictional requirement (Avi Weiss v. See's Candy Shops Inc., et al., No. 16-cv-00661, N.D. Calif., 2017 U.S. Dist. LEXIS 122671).



Judge Dismisses UCL Claims Against Department Store For Lack Of Standing
LOS ANGELES - After finding that purchasers failed to show that they lacked standing to assert claims for violation of California's unfair competition law (UCL) in relation to a department store's product labeling, a California federal judge on Aug. 2 granted summary judgment for the store and denied a motion for class certification as moot (Jose Jacobo, et al. v. Ross Stores Inc., No. 15-04701, C.D. Calif., 2017 U.S. Dist. LEXIS 125307).



Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed
SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).



Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court
SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).



Judge Dismisses Federal Claims Related To PACE Programs Against Governments
RIVERSIDE, Calif. - After finding that Property Assessed Clean Energy (PACE) programs are considered tax assessments and are not regulated by the Truth in Lending Act (TILA) and another federal law, a California federal judge on July 17 granted a motion filed by several government entities and a company to dismiss a case against them, but remanded claims for violation of California's unfair competition law (UCL) to state court (In re Hero Loan Litigation, No. 16-02478, No. 16-02491, No. 16-08943, C.D. Calif., 2017 U.S. Dist. LEXIS 111771).



Judge Refuses To Dismiss Securities, UCL Claims Asserted By Club Investor
SAN DIEGO - After finding that the manager of a nightclub development company fraudulently induced an investor into investing money for the development of a new club, a California federal judge on Aug. 7 refused to dismiss the investor's claims for violation of California's unfair competition law (UCL) and securities fraud (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).



Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters
DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative misrepresentation and failed to show that FCA actively concealed a defect, a Michigan federal judge ruled Aug. 11, granting FCA's motion to dismiss (Donald J. Beck v. FCA US LLC, No. 17-10267, E.D. Mich., 2017 U.S. Dist. LEXIS 127724).



California Court Finds Dealers Never Misrepresented Damage, Affirms Ruling
RIVERSIDE, Calif. - A California appeals panel on July 6 affirmed a trial court's decision granting summary judgment in favor of two vehicle dealer services entities, finding that the purchasers of a vehicle failed to show that they committed fraud or negligently misrepresented that the car had no damage (Michelle R. Kelley, et al. v. Adams Service Center Inc., et al., No. E065225, Calif. App., Dist. 4, Div. 2, 2017 Cal. App. Unpub. LEXIS 4603).



Judge Refuses To Remove UCL, Fraud Claims From Bankruptcy Court
CHARLESTON, S.C. - After finding that defendants in a bankruptcy court adversary proceeding waived their right to a jury trial and that they may be engaging in forum shopping, a South Carolina federal judge on July 25 refused to withdraw a consolidated case in which an insurer asserts causes of action for fraud and violation of California's unfair competition law (UCL) from the bankruptcy court (Twin City Fire Insurance Co. v. Thomas Spry, et al., No. 2:15-cv-01663, D. S.C., 2017 U.S. Dist. LEXIS 115610).



Judge Finds Charges Were Not Mandatory, Grants Dismissal For Landlords
SACRAMENTO, Calif. - A California federal judge on July 21 granted a motion to dismiss the majority of the claims asserted against the owners and managers of several apartment complexes in relation to additional fees, but found that tenants sufficiently alleged that additional charges for laundry machines could constitute impermissible rent because they were not listed as an "appliance" in housing assistance payment contracts (HAP contracts) (Denika Terry, et al. v. Wasatch Advantage Group, LLC, et al., No. 2:15-CV-00799, E.D. Calif., 2017 U.S. Dist. LEXIS 114301).



Court Finds Judge Erred In Dismissing UCL, Wrongful Foreclosure Claims
SAN FRANCISCO - After finding that a borrower sufficiently alleged facts to support his claims for violation of California's unfair competition law (UCL) and wrongful foreclosure against two lenders, a California appeals panel on Aug. 2 reversed a decision granting dismissal of his claims against them and remanded the case for further proceedings (Ronald Cupp v. Federal National Mortgage Association, et al., Nos. A148011, A148507, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5306).



Judge Dismisses Wrongful Foreclosure Suit, Rejects Plaintiff's 'Flawed Theories'
SAN DIEGO - Finding that a plaintiff has failed to allege an actionable flaw in the process leading to the foreclosure sale of his property, a California federal judge on Aug. 18 dismissed his declaratory judgment and wrongful foreclosure lawsuit (Daniel W. Golden v. JPMorgan Chase Bank, N.A., et al., No. 16-1209, S.D. Calif., 2017 U.S. Dist. LEXIS 132688).



Federal Judge Allows Borrower To Replead Foreclosure-Related Claims
LOS ANGELES - After finding that a borrower's claims for wrongful foreclosure and fraud were not sufficiently pleaded, a California federal judge on July 24 granted a motion filed by lenders to dismiss claims against them with leave to amend and refused to remand the case to a California state court (Jose A. Miranda v. SCME Mortgage Bankers Inc., et al., No. 17-03153, C.D. Calif., 2017 U.S. Dist. LEXIS 115311).



Federal Judge Refuses To Enjoin Bank From Foreclosing On Property
SAN FRANCISCO - A California federal judge on Aug. 1 denied a borrower's request for a temporary restraining order enjoining a foreclosure on her property, finding that she failed to show that she would likely succeed on the merits (Jeff Velasquez v. Wells Fargo, N.A., et al., No. 17-cv-03868, N.D. Calif., 2017 U.S. Dist. LEXIS 120915).



Judge Refuses To Remand UCL Claim Against Wells Fargo To California Court
RIVERSIDE, Calif. - A California federal judge on July 24 refused to remand claims for violation of California's unfair competition law (UCL) and other causes of action against a bank, finding that complete diversity jurisdiction between the parties exists and that the amount-in-controversy requirement was met (Philip Davidson, et al. v. Wells Fargo Bank, et al., No. 17-00999, C.D. Calif., 2017 U.S. Dist. LEXIS 116475).



Judge Remands UCL Claim To California Court For Lack Of Jurisdiction
OAKLAND, Calif. - After finding that no federal question jurisdiction existed, a California federal judge on Aug. 22 granted a motion filed by borrowers to remand their claims for violation of California's unfair competition law (UCL) against a mortgage company to a state court (Francisco Nanclares, et al. v. RPM Mortgage Inc., No. 16-cv-07188, N.D. Calif., 2017 U.S. Dist. LEXIS 134392).



9th Circuit Reinstates Baby Food Labeling Class Claims Against Gerber
SAN FRANCISCO - A consumer may proceed with claims, including one for unlawfulness under California's unfair competition law (UCL), that Gerber Products Co.'s labeling on certain baby food products are impermissible under the Food and Drug Administration regulations incorporated into California law, a Ninth Circuit U.S. Court of Appeals panel ruled July 17 after granting Gerber's petition for rehearing in part (Natalia Bruton, et al. v. Gerber Products Company, No. 15-15174, 9th Cir., 2017 U.S. App. LEXIS 12833).



Uber To Settle Safe Rides Fee Class Claims For $32.5M
SAN FRANCISCO - A California federal judge on Aug. 7 granted preliminary approval of an amended class settlement in a suit against Uber Technologies Inc. and Raiser LLC (collectively Uber) over the company's alleged misrepresentations and omissions regarding its "Safe Rides Fee" and the safety measures it takes under which Uber will provide a $32.5 million nonreversionary settlement fund (Byron McKnight, et al. v. Uber Technologies, Inc., et al., No. 14-5615, N.D. Calif., 2017 U.S. Dist. LEXIS 124534).



Split 9th Circuit Upholds Class Arbitration In Data Breach Suit
PASADENA, Calif. - An employee who sued his employer following a data breach must arbitrate his claims but may proceed representing a class because the agreement he signed doesn't bar class arbitration, a split Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Frank Varela, et al. v. Lamps Plus, Inc., et al., No. 16-56085, 9th Cir., 2017 U.S. App. LEXIS 14284).



Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit
SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three years after the deadline for adding plaintiffs (Markus Wilson, et al. v. Frito-Lay North America, Inc., No. 12-1586, N.D. Calif., 2017 U.S. Dist. LEXIS 129053).



$22.5 Million Google Adwords Settlement Is Granted Final Approval
SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).



LinkedIn Enjoined From Blocking Analytics Firm's Access To Data
SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).



No Federal Question In Suit Over Casino's Management, Judge Says In Dismissing
FRESNO, Calif. - A casino consultant's state law claims that it suffered damages when an Indian tribe failed to obtain federal approval of a management agreement between the parties cannot be litigated in federal court because they do not implicate a federal law, a federal judge in California held July 27 in granting the tribe's motion to dismiss the consultant's complaint (Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians, et al., No. 1:17-cv-00394, E.D. Calif., 2017 U.S. Dist. LEXIS 118065).