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LexisNexis® Mealey's™ California Section 17200 Legal News



Headline California Section 17200 Legal News from LexisNexis®



 



9th Circuit Reverses Certification Of Class Related To Defect Claims
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Oct. 24 reversed a trial court's decision certifying a class of purchasers and owners of a replacement regulator for vehicles made by Chrysler Group LLC, finding that the class representative failed to meet the federal requirements for class certification (Steve Doyle v. Chrysler Group LLC, No. 15-55107, 9th Cir.; 2016 U.S. App. LEXIS 19159).



Court Affirms Dismissal Of Illegal Lending Claims For Lack Of Jurisdiction
SAN FRANCISCO - A California appeals court on Oct. 14 affirmed a trial court's ruling to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims related to unconscionable lending, finding that she failed to show that the defendants had any connection to California (Kathrine Rosas v. Charles Hallinan, et al., No. A139936, Calif. App., 1st Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 7726).



California Court Reverses Order Granting New Trial Over Alleged BMW Defect
SAN DIEGO - A California court on Nov. 7 reversed a judgment granting a motion for a new trial filed by the purchaser of a vehicle on his claims for violation of California's unfair competition law (UCL), the False Advertising Law (FAL) and others that was issued against a dealer services company, finding that it was entitled to a defense verdict as the onetime holder of a retail installment contract (Michael Z. Tun v. Wells Fargo Dealer Services Inc., No. D070447, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. LEXIS 958).



Judge Allows UCL And CLRA Claims Against Whirlpool To Proceed
SAN JOSE, Calif. - A California federal judge on Nov. 1 granted a motion filed by the maker of a refrigerator to dismiss claims against it relating to an alleged defect that causes leaking, but allowed a consumer's claims for violation of California's unfair competition law (UCL) and other state laws to proceed (Julie Corzine v. Whirlpool Corporation, No. 15-cv-05764, N.D. Calif.; 2016 U.S. Dist. LEXIS 152138).



Judge Says Claims Against Employer Are Not Preempted By Trade Secrets Law
SAN FRANCISCO - After finding that a company's counterclaims for breach of a duty of loyalty and violation of California's unfair competition law (UCL) were not preempted by the California Uniform Trade Secrets Act (CUTSA), a California federal judge on Nov. 4 denied a former dispatcher's motion to dismiss the claims (Obie Banawis-Olila v. World Courier Ground Inc., et al., No. 16-cv-00982, N.D. Calif.; 2016 U.S. Dist. LEXIS 153608).



Consumer Appeals Ruling That Use Of Oil Does Not Violate Federal Law
SAN DIEGO - A purchaser of microwaveable sandwiches that contain hydrogenated oil (PHO) food products on Nov. 9 appealed a decision to the Ninth Circuit U.S. Court of Appeals in which a California federal judge dismissed her claims for violation of California's unfair competition law (UCL) and various other claims against the sandwich maker (Shavonda Hawkins, on behalf of herself and all other similarly situated v. AdvancePierre Foods Inc., No. 15-cv-2309, S.D. Calif.; 2016 U.S. Dist. LEXIS 155809).



Judge Refuses To Remand Former Red Cross Worker's Discrimination Claims
LOS ANGELES - After finding that a former Red Cross employee's claims for violation of California's unfair competition law (UCL), fraud and other claims against her former employer did not arise under California's workers' compensation law, a California federal judge on Nov. 4 denied her ex parte application to remand the case to a state court (Xochitl Nisbet v. American National Red Cross, et al., No. 16-7342, C.D. Calif.; 2016 U.S. Dist. LEXIS 153626).



Judge Allows Truck Driver's UCL Claims Against Employer To Proceed
LOS ANGELES - A California federal judge on Nov. 8 refused to dismiss a former truck driver's claims for violation of California's unfair competition law (UCL) and Labor Code in relation to allegedly unpaid wages, finding that her employer's arguments on the inapplicability of California law could not be decided at the present stage of the case (Melody Montgomery v. New Prime Inc., No. 16-2131, C.D. Calif.; 2016 U.S. Dist. LEXIS 155861).



Federal Judge Remands Wrongful Termination Case Against CVS To State Court
LOS ANGELES - After finding that a pharmacy employee's claims for violation of California's unfair competition law (UCL) and Labor Code were not preempted by the Labor Management Relations Act (LMRA), a California federal judge on Oct. 31 remanded the case to a state court (Schirrelle Robertson v. CVS Pharmacy Inc., et al., No. 16-7533, C.D. Calif.; 2016 U.S. Dist. LEXIS 150665).



Court Finds Appointment Of Referee Was Not A Settlement Of Claims
LOS ANGELES - A California appeals court on Nov. 8 affirmed a trial court's decision to dismiss a borrower's claims for violation of California's unfair competition law (UCL) and wrongful foreclosure, finding no evidence to support a ruling that the trial court treated his agreement to appoint a referee as a settlement of his claims (Kurt Miller v. Maria Macias, No. B269891, Calif. App., 2nd Dist., Div. 8; 2016 Cal. App. Unpub. LEXIS 8035).



Judge Finds UCL And RICO Claims Against Attorney Must Be Dismissed
LOS ANGELES - A California federal judge on Nov. 7 found that an attorney never represented several defendants in a criminal action and had no duty to them, dismissing their claims for violation of California's unfair competition law (UCL) and the Racketeer Influenced and Corrupt Organizations Act (Yijin Lu, et al. v. Deng, et al., No. 2:16-cv-07283, C.D. Calif.; 2016 U.S. Dist. LEXIS 154395).



Court Affirms Order Compelling Credit Card Late Fee Claims To Arbitration
SAN DIEGO - A California appeals court on Oct. 20 affirmed a trial court's decision to compel claims for violation of California's unfair competition law (UCL) and other causes of action asserted against a retailer and a bank to arbitration, finding that all of the claims related to a credit card agreement that contained a valid arbitration clause (James Miceli v. Staples Inc., et al., No. D070224, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 7675).



California Court Finds It Lacks Jurisdiction Over Claim Related To Stolen Photo
SAN DIEGO - A California court on Nov. 4 affirmed a decision to grant a motion filed by wireless phone companies and others to quash claims against them for negligence and violation of California's unfair competition law (UCL) in relation to an allegedly stolen photograph that was uploaded online, finding that the court lacked jurisdiction over the defendants (Strasner v. Touchstone Wireless Repair and Logistics, LP, et al., No. D068865, Calif. App., 4th Dist., Div. 1).



Class Claims Insurer Misrepresents Quality Of Replacement Plans
LOS ANGELES - Anthem Blue Cross promises Patient Protection and Affordable Care Act (ACA) exchange customers re-enrollment in a similar plans when cancellations occur, while in reality providing far inferior plans with no out-of-network coverage, according to a class action lawsuit filed Oct. 31 in California court, alleging violation of the state unfair competition law (UCL) (Paul Simon, et al. v. Blue Cross of California, d/b/a Anthem Blue Cross; and DOES 1-100, inclusive, No. BC639205, Calif. Super., Los Angeles Co.).



California Federal Judge Transfers Contract Breach Class Suit To Virginia
SAN FRANCISCO - A California federal judge on Oct. 25 agreed to transfer a breach of contract class complaint to Virginia, finding that the contract's forum-selection clause "does not contravene any anti-waiver provision of California's UCL [unfair competition law] or the strong public policy of California" (Run Them Sweet, LLC v. CPA Global Limited, et al., No. 16-3662, N.D. Calif.; 2016 U.S. Dist. LEXIS 147803).



California Court Finds No Evidence Of Illegal Rebate Scheme, Affirms Ruling
SAN FRANCISCO - A California court on Oct. 3 affirmed a trial court's grant of demurrer for various body shop owners and paint distributors on claims that they violated California's unfair competition law (UCL) and other claims, finding no allegations to support claims that they participated in an illegal rebate scheme for the sale of paint (Nicolosi Distributing Inc. v. Annex Santa Clara Inc., et al., No. A145232, Calif. App., 1st Dist.; 2016 Cal. App. Unpub. LEXIS 7281).



Nonprofit Says It Can Assert UCL Claims Related To Animal Abuse
SANTA ANA, Calif. - A nonprofit organization seeking to stop alleged activities that involve the ritual killing of chickens on Oct. 7 filed its response to an order to show cause as to why its claims in a California federal court should not be dismissed, arguing that it has standing to sue under California's unfair competition law (UCL) (United Poultry Concerns v. Chabad of Irvine, et al., No. 16-01810, C.D. Calif.).



9th Circuit Finds Lip Gloss Packaging And Label Are Not Misleading
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Sept. 27 affirmed a district court's dismissal of a lawsuit filed by the purchaser of lip gloss that allegedly contained deceptive packaging, finding that the plaintiff's claims for violation of California law failed because she did not show that the label or packaging of the product was false or misleading (Angela Ebner v. Fresh Inc., No. 13-56644, 9th Cir.; 2016 U.S. App. LEXIS 17561).



Claims Against Dole Over 'All Natural' Fruit Labeling Are Partially Reinstated
SAN FRANCISCO - A purchaser of Dole Packaged Foods LLC's fruit products who claims that the company improperly advertises the fruit as "All Natural" may proceed with his individual claim of unjust enrichment but not his class claim, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 30 in a decision partially reversing a trial court's summary judgment ruling for Dole (Chad Brazil, et al. v. Dole Packaged Foods, LLC, No. 14-17480, 9th Cir.; 2016 U.S. App. LEXIS 17733).



2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion
NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).



California Court Finds Employee's Claims Are Not Subject To Arbitration
SAN DIEGO - A California appeals court on Oct. 3 affirmed a trial court's decision to deny a company's motion to compel arbitration, finding that a former employee never agreed to arbitrate causes of action for violation of California's unfair competition law (UCL) and fraud related to a plan and stock purchase agreement (Jey Won v. Vault Bioventures Inc., et al., No. D069130, Calif. App., 4th Dist.; 2016 Cal. App. Unpub. LEXIS 7173).



Federal Magistrate Judge Refuses To Expand Class Period For School Bus Drivers
FRESNO, Calif. - A California federal magistrate judge on Oct. 11 granted summary judgment in favor of a school bus transportation company, refusing to expand a class period to assert claims for violation of California's Labor Code and unfair competition law (UCL) related to unpaid wages (Delores Humes, et al. v. First Student Inc., et al., No. 1:15-cv-01861, E.D. Calif.; 2016 U.S. Dist. LEXIS 140867).



Federal Judge Refuses To Dismiss Mislabeling Claims Related To Margarine Product
SAN FRANCISCO - A California federal judge on Oct. 3 refused to dismiss a consumer's claims regarding the mislabeling of margarine as a healthy product, finding that at the very least he established standing to assert claims that the alleged mislabeling violated various laws, including California's unfair competition law (UCL), based on a financial injury (Troy Backus, on behalf of himself and all other similarly situated, v. ConAgra Foods Inc., No. 16-00454, N.D. Calif.; 2016 U.S. Dist. LEXIS 136999).



Judge Says Fact Issues Exist As To Creation Of Secret Company
HONOLULU - A Hawaii federal judge on Oct. 7 found that genuine issues of fact exist as to whether a company and its owners violated California's unfair competition law (UCL) and certain employment laws, refusing to grant summary judgment on claims asserted against it in relation to an underlying purchase agreement (HTK Hawaii Inc. v. Kevin Sun, et al., No. 15-00114, D. Hawaii; 2016 U.S. Dist. LEXIS 140151).



Judge Finds Removal Of Wage-Related Class Was Improper, Remands
LOS ANGLES - A California federal judge on Oct. 13 granted a motion to remand a case filed by an employee who alleged wage-related and other claims against his former employer, finding that the amount in controversy did not meet the requirements for removal of a class action to a federal court (Gustavo Segura Santoya v. Consolidated Foundries Inc., et al., No. 16-02232, C.D. Calif.; 2016 U.S. Dist. LEXIS 142112).



Federal Judge Refuses To Enter Default For Alleged Unlawful Broadcast
SAN FRANCISCO - A California federal judge on Oct. 13 refused to enter a default ruling in favor of a sports production company on its claims for violation of California's unfair competition law (UCL) and other causes of action in relation to the alleged unlawful broadcast of a boxing match, finding that it failed to plead sufficient facts to support a finding that a restaurant owner was liable (J&J Sports Productions Inc. v. Yolanda K. Crawford, No. 16-cv-01744, N.D. Calif.; 2016 U.S. Dist. LEXIS 142038).



Judge Strikes Majority Of Defenses To Claims Related To Unlawful Broadcast
SACRAMENTO, Calif. - A California federal judge on Sept. 16 partially granted a sports promotion company's motion to strike affirmative defenses to its claims for violation of California's unfair competition law (UCL) and conversion, but refused to strike a defense in relation to standing to sue (Joe Hand Promotions Inc. v. Willie Henry Williams, a/k/a William Henry, et al., No. 2:14-cv-02663, E.D. Calif.; 2016 U.S. Dist. LEXIS 127513).



California Court Says Facts Do Not Support Foreclosure-Related Claims
LOS ANGELES - A California appeals court on Sept 20 affirmed dismissal of claims for violation of California's unfair competition law (UCL) and negligence in relation to the scheduled foreclosure of a condominium, finding that the pleaded facts were not sufficient enough to support the causes of action (Chris Nassiri, et al. v. Green Tree Servicing LLC, No. B269582, Calif. App., 2nd Dist., Div. 6; 2016 Cal. App. Unpub. LEXIS 6859.)



California Court Says Borrower Lacked Standing To Challenge Foreclosure
RIVERSIDE, Calif. - A California appeals court on Sept. 19 affirmed a trial court's dismissal of a borrower's claims against lenders in relation to a loan, finding that the borrower lacked standing to challenge a nonjudicial foreclosure of the property (Norma Salinas v. Bank of New York Mellon, et al., No. E060651, Calif. App., 4th Dist., Div. 2; 2016 Cal. App. Unpub. LEXIS 6843).



Federal Judge Dismisses TILA And UCL Claims Related To Foreclosure
SAN FRANCISCO - After finding that numerous causes of action asserted by a borrower in relation to a foreclosure, including claims for violation of California's unfair competition law (UCL) and the Truth in Lending Act (TILA) against several defendants, failed, a California federal judge on Oct. 4 dismissed the case without leave to amend (Camilla Spangler v. Selene Finance LP, et al., No. 16-cv-01503, N.D. Calif.; 2016 U.S. Dist. LEXIS 137208).



Federal Judge Finds UCL Claim Is Not Time-Barred Against Title Company
SAN FRANCISCO - A California federal judge on Oct. 5 partially granted a motion to dismiss claims related to reverse mortgages on a borrower's property, finding that their claims for violation of California's unfair competition law (UCL) could proceed and that their claims for elder financial abuse were properly pleaded (Willie York, et al. v. Bank of America, et al., No. 14-cv-02471, N.D. Calif.; 2016 U.S. Dist. LEXIS 138585.)



Former Division 1 Student Athlete Files Class Suit Seeking Wages
SAN FRANCISCO - A former University of Southern California football player filed a class complaint on Sept. 26 in the U.S. District Court for the Northern District of California seeking unpaid wages and overtime, liquidated damages and other penalties from the National Collegiate Athletic Association (NCAA) and PAC-12 Conference (Lamar Dawson, et al. v. National Collegiate Athletic Association, et al., No. 16-5487, N.D. Calif.).



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.).