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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 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).



California Court Finds Airport Fees Were Not Collected In Violation Of UCL
LOS ANGELES - After finding that a payment-processing company and the city of Santa Monica did not unlawfully collect landing fees from aircraft owners, a California appeals court on June 22 affirmed a trial court's decision finding that they lacked standing to sue under California's unfair competition law (UCL) and that the owners failed to assert a viable cause of action for imposition of constructive trust (Top Gun, et al. v. Vector-US, Inc., et al., No. B268214, Calif. App., 2nd Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 4278).



Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling
LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).



Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act
SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement in relation to certain designs significantly threatened or harmed competition (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist. LEXIS 95000).



Judge Extends Deadline For Microwave Maker To Respond To Class Complaint
FRESNO, Calif. - A California federal judge on June 28 granted a microwave maker's application to extend a deadline for it to respond to a class action complaint in which consumers assert violations of California law, pending the outcome of a motion to transfer the case to another court (Erika Mendoza, et al. v. Electrolux Home Products Inc., No. 1:17-cv-00839, E.D. Calif., 2017 U.S. Dist. LEXIS 100440).



Judge Finds Circle K Stores Did Not Misrepresent Purchase Price Of Station
LOS ANGELES - A California federal judge on June 26 granted summary judgment in favor of a gas station franchisor on a franchisee's claims for violation of California's unfair competition law (UCL) fraud, finding that it could not find that the gas station owner misled the franchisee to believe that he would receive a certain purchase price for the property and that no genuine issues of fact existed as to whether a contract was breached (Mark Yi, as successor in interest to OE Sun Yi, v. Circle K Stores Inc., No. 16-2171, C.D. Calif., 2017 U.S. Dist. LEXIS 99547).



Judge Refuses To Strike Class Claims Against Macy's, Dismisses UCL, FAL Claims
OAKLAND, Calif. - After finding that consumers failed to assert claims related to pricing against retailers for violation of California's unfair competition law (UCL) and for false advertising with the required specificity, a California judge dismissed the majority of their claims but granted them leave to file an amended pleading (Kristin Haley, et al. v. Macy's Inc., et al., No. 15-cv-06033, N.D. Calif., 2017 U.S. Dist. LEXIS 105469).



Judge Finds PAGA Penalties Are Not Included Amount In Controversy
RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).



Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center
LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the amount in controversy will exceed $5 million (Maricela Reyes v. Carehouse Healthcare Center LLC, et al., No. 16-01159, C.D. Calif., 2017 U.S. Dist. LEXIS 103764).



Judge Enters Default, Awards Company $15,000 For Unlawful Broadcast
SAN DIEGO - A California federal judge on June 15 granted a sports broadcasting company's motion for a default judgment in relation to the unlawful broadcast by the owners of a restaurant of a boxing match, awarding it $15,000 in damages (J&J Sports Productions Inc. v. Ramon T. Gallegos, et al., No. 16-cv-950, S.D. Calif., 2017 U.S. Dist. LEXIS 92552).



Judge Refuses To Substitute Insurer As Defendant In UCL, Coverage Case
SAN DIEGO - A California federal judge on June 16 denied a request filed by a group of development companies to substitute an insurer as a defendant in an action seeking coverage in an underlying construction defects case, finding that the substitution would not advance the litigation and refusing to remand the case (Toll CA, L.P., et al. v. American Safety Indemnity Company, et al., No. 16-cv-1523, S.D. Calif., 2017 U.S. Dist. LEXIS 94107).



9th Circuit Finds Court Did Not Err In Dismissing UCL, Foreclosure Claims
SAN FRANCISCO - After finding that borrowers failed to show that two banks violated California's unfair competition law (UCL) or wrongfully foreclosed on their property, the Ninth Circuit U.S. Court of Appeals on July 13 affirmed a district court's dismissal of their complaint (Brock Williams, et al. v. Bank of America, N.A., No. 15-17335, 9th Cir., 2017 U.S. App. LEXIS 12565).



California Court Finds Borrower Lacked Standing To Assert UCL Claim
RIVERSIDE, Calif. - A California appeals court on June 16 affirmed a trial court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL), breach of contract and negligent misrepresentation, finding that he lacked standing and that he was not a party to any contract with the lender (Ronald Ferguson v. Bank of America, N.A., No. E064100, Calif. App., 4th Dist., Div. 2, 2017 Cal. App. Unpub. LEXIS 4124).



Judge Dismisses UCL, FDCPA Claims For Lack Of Standing To Challenge Assignment
SACRAMENTO, Calif. - A California federal judge on June 29 dismissed a borrower's claims for violation of California's unfair competition law (UCL), negligence and other claims, finding that she lacked standing to challenge an allegedly untimely assignment of the loan into a trust (Roberta Thrower v. Nationstar Mortgage LLC, et al., No. 2:17-00766, E.D. Calif., 2017 U.S. Dist. LEXIS 101520).



Panel Finds Borrower's Claims Against Wells Fargo Are Barred By Abatement
VENTURA, Calif. - A California appeals panel on June 28 affirmed a trial court's decision to sustain a bank's demurrer to a complaint filed by a former homeowner who sought to set aside a foreclosure, finding that she had already asserted identical claims in another lawsuit (Lynn Behrens Zimmerman v. Wells Fargo Bank, N.A., No. B275595, Calif. App., 2nd Dist., Div. 6, 2017 Cal. App. Unpub. LEXIS 4428).



Judge Orders Successors In Interest To File Motion To Substitute
SAN DIEGO - A California federal judge on July 12 refused to rule on a loan-servicing company's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA) until the parties move to substitute the deceased plaintiff with her successors in interest (Margarette Smith v. Specialized Loan Servicing LLC, No. 16cv2519, S.D. Calif., 2017 U.S. Dist. LEXIS 109002).



$142 Million Wells Fargo Unauthorized Account Settlement Is Preliminarily Approved
SAN FRANCISCO - A California federal judge on July 8 granted preliminary approval of a $142 million settlement to be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.; 2017 U.S. Dist. LEXIS 106294).



Brooks Brothers Sued By Customer Class Following Data Breach
LOS ANGELES - Brooks Brothers Group Inc. failed to take necessary measures to protect customers' personal data, including credit card numbers, exposing those customers to identity theft, a California man claims in his June 9 class complaint filed in the U.S. District Court for the Central District of California (Scott Ables, et al. v. Brooks Brothers Group, Inc., No. 17-4309, C.D. Calif.).