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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®



 



Court Affirms UCL Ruling Against Relator, Finds Penalties Should Be Reduced
SAN JOSE, Calif. - A California court on Nov. 28 affirmed a trial court's decision that a real estate agency, its owner and her sister violated California's unfair competition law (UCL) and false advertising law when they provided real estate services without the required license, but reversed and remanded the case for a reduced calculation of civil penalties and restitution awarded to the plaintiffs (The People, ex rel. Dean D. Flippo v. Susana Silva, et al., No. H041209, Calif. App., 6th Dist., 2017 Cal. App. Unpub. LEXIS 8060).



California Court Affirms Damages Ruling For Purchaser Of Defective Vehicle
LOS ANGELES - After finding that a lower court did not err when it awarded the purchaser of a defective vehicle damages for violations of California's unfair competition law (UCL) and other laws based on a breach of warranty, a California appeals court on Nov. 27 affirmed a ruling awarding her general damages and fees (Krystal Flores v. Southcoast Automotive Liquidators, Inc., et al., No. B268271, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. LEXIS 1040).



Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC
SAN FRANCISCO - After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California's unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).



California Court Affirms Dismissal Of Borrower's UCL, Wrongful Foreclosure Claims
LOS ANGELES - A California appeals court on Dec. 4 affirmed a court's decision granting demurrers filed by mortgage-related entities on claims for violation of California's unfair competition law (UCL) and wrongful foreclosure, affirming the dismissal of the case (Richard Traister v. Ocwen Loan Servicing LLC, et al., No. B269662, Calif. App., 2nd Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 8256).



9th Circuit Finds Lenders Had Authority To Foreclose, Affirms Dismissal
PASADENA, Calif. - After finding that various mortgage-related entities had the authority to foreclose on a property, the Ninth Circuit U.S. Court of Appeals on Nov. 22 affirmed a trial court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL) and wrongful foreclosure (Alvin Abano v. Ocwen Loan Servicing LLC, et al., No. 16-55325, 9th Cir., 2017 U.S. App. LEXIS 23717).



Court Finds Bank's Demurrer To UCL, TILA Claims Was Properly Sustained
SAN JOSE, Calif. - A California appeals court on Nov. 21 found that a trial court properly sustained a bank's demurrer as to numerous claims asserted by former property owners, including claims for violation of California's unfair competition law (UCL) and the Truth in Lending Act (TILA), finding that the claims were properly dismissed without leave to amend (Dwayne Patrick Dumalanta, et al. v. OneWest Bank, N.A., No. H043002, Calif. App., 6th Dist., 2017 Cal. App. Unpub. LEXIS 7984).



Judge Finds No Facts To Support Borrower's Claims Against Mortgage Trust
SAN FRANCISCO - A California federal judge on Nov. 29 granted a trust's motion to dismiss claims for violation of California's unfair competition law UCL, wrongful foreclosure and other causes of action asserted by a borrower, finding that all of the claims were barred by a statute of limitations and that his allegations were conclusory (Lonnie Ratliff v. Mortgage Store Financial Inc., et al., No. 17-cv-02155, N.D. Calif., 2017 U.S. Dist. LEXIS 196372).



Judge Finds No Facts To Support Claim That Insurer Wrongfully Terminated Policies
LOS ANGELES - A California federal judge on Dec. 4 dismissed insureds' claims for violation of California's unfair competition law (UCL) and breach of contract, finding that they failed to show that an insurer's termination of their life insurance policies was unreasonable (Arthur Avazian, et al. v. Genworth Life & Annuity Insurance Co., et al., No. 2:17-cv-06459, C.D. Calif., 2017 U.S. Dist. LEXIS 199067).



Judge Finds Actuary Failed To Show Economic Damages Under UCL
SAN JOSE, Calif. - A California federal judge on Nov. 28 granted an insurance brokerage company's motion to dismiss claims for violation of California's unfair competition law (UCL) and allegations that an anti-raiding provision signed by its former sales contractors was invalid but allowed several affirmative defenses asserted by its competitor to proceed (First Financial Security Inc. v. Michael W. Jones, et al., No. 17-cv-00773, N.D. Calif., 2017 U.S. Dist. LEXIS 195467).



Judge Finds Late Fees Charged For Apartment Rental Did Not Violate UCL
SAN DIEGO - A California federal judge on Dec. 1 granted a motion to dismiss claims for violation of California's unfair competition law (UCL) and a claim related to debt collection asserted against landlords, finding that their alleged practice of charging late fees was neither unfair nor fraudulent and that the late fees did not constitute debt collection (Jordan Kohler v. Greystar Real Estate Partners, LLC, et al., No. 15cv2195, S.D. Calif., 2017 U.S. Dist. LEXIS 198151).



Judge Awards Fees To Hoverboard Maker In Trademark Infringement Action
LOS ANGELES - A California federal judge on Dec. 4 awarded a hoverboard maker fees and costs incurred when two defendants accused of infringing on trademarks held by it in violation of California's unfair competition law (UCL) and false advertising law violated a preliminary injunction (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 202573).



Judge Certifies 6 Classes For Buyers Of Allegedly Defective Laminate Flooring
SAN FRANCISCO - A federal judge in California on Nov. 15 certified classes for purchasers from California, Florida, Illinois, Minnesota, Pennsylvania and West Virginia who claim that Lumber Liquidators Inc. violated state consumer protection laws when selling bamboo laminate flooring that prematurely warped, buckled, splintered, shrank and split before the expiration of the product's warranty (Dana Gold, et al. v. Lumber Liquidators, Inc., No. 14-cv-5373, N.D. Calif.).



Amazon Fulfillment Center Fails To Provide Full Pay, Breaks, Class Suit Alleges
SACRAMENTO, Calif. - A Sacramento fulfillment center for Amazon.com regularly schedules employees to work shifts that are 10 hours or longer and fails to provide the workers with pay for their entire shifts and a third rest break, one of the employees alleges in a class complaint filed Nov. 27 in the Sacramento County Superior Court, alleging various state law violations, including violation of the unfair competition law (UCL) (Romeo Palma, et al v. Golden State FC, LLC dba Amazon.com, et al., No. 34-2017-00222744-CU-OE-GDS, Calif. Super., Sacramento Co.).



Court Finds UCL, Labor Code Claims Are Not Subject To Arbitration
SAN FRANCISCO - A California appeals court on Nov. 15 found that an employee's claims for violation of the California Labor Code and California's unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court's decision refusing to compel arbitration of the claims (Christopher Silva v. Fry's Electronics Inc., No. A146622, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 7875).



Washington Federal Court Will Maintain Jurisdiction Over Inventor's UCL Claim
SEATTLE - Even though a patent infringement case was recently transferred from a California federal court, a Washington federal judge on Oct. 17 found that he would maintain jurisdiction over an inventor's claim for violation of California's unfair competition law (UCL) and refused to dismiss the claim (Elliot Kremerman v. Open Source Steel, LLC, et al., No. 2:17-cv-953, W.D. Wash., 2017 U.S. Dist. LEXIS 171735).



California Court Affirms Dismissal Of UCL Claim Against Payment Services Firm
LOS ANGELES - A California appeals court on Nov. 9 found that a lower court did not err when it sustained a county payment services company's demurrer as to claims asserted by a user of the service for violation of California's unfair competition law (UCL) and civil code, finding that the company did not violate any law when it charged a processing fee (Gina Wood v. Link2Gov Corp., No. B271920, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 7729).



Judge Finds Pork Products' Buyer Failed To Prove UCL Claim Related To Orders
LOS ANGELES - After finding that the purchaser of allegedly defective pork products failed to show that the seller of the products violated California's unfair competition law (UCL) or breached contracts for the sale and delivery of the products, a California federal judge on Nov. 1 dismissed its counterclaims with leave to amend (Pini USA Inc., et al. v. NB Global Commodities LLC, No. 2:17-CV-04763, C.D. Calif., 2017 U.S. Dist. LEXIS 181235).



Judge Enters Default, Awards Damages For Infringement Of Fitness Product Marks
LOS ANGELES - A California federal judge on Nov. 6 entered a default ruling in favor of a health and fitness company on its claims for violation of California's unfair competition law (UCL) and trademark infringement against a company that was selling its products online, awarding the owner of the trademarks $213,731.02 in damages and fees (Beachbody LLC v. Power Trade Direct, et al., No. 17-2093, C.D. Calif., 2017 U.S. Dist. LEXIS 183739).



Judge Strikes Response To Audio Parts Seller's Infringement, UCL Claims
SACRAMENTO, Calif. - After finding that the sellers of audio components failed to properly respond to allegations that they infringed on trademarks and violated California's unfair competition law (UCL) asserted by a competitor, a California federal judge on Oct. 31 struck their answer in its entirety with leave to amend (JL Audio Inc. v. Dia Saif, et al., No. 2:16-cv-00377, E.D. Calif., 2017 U.S. Dist. LEXIS 180576).



California Court Vacates Dismissal Of Borrower's UCL Claim, Remands Case
SAN FRANCISCO - A California appeals court on Oct. 11 affirmed a trial court's decision to grant demurrers filed by two lenders as to various claims asserted against them, including a cause of action for wrongful foreclosure, but reversed a decision as to a borrower's claim for violation of California's unfair competition law (UCL), finding sufficient allegations to support the claim (Gary Henriksen v. Nationstar Mortgage LLC, et al., No. A148298, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 6974).



Judge Finds TILA Claim Under UCL Is Not A Basis For Jurisdiction, Remands
LOS ANGELES - Although part of a borrower's claim for violation of California's unfair competition law (UCL) asserted a violation of the Truth in Lending Act (TILA), a California federal judge on Nov. 1 found that removal by a group of mortgage-related entities was improper and remanded the case to state court (Nathan D. La Moure v. Harborview Mortgage Loan Trust, et al., No. 5:17-cv-01966, 2017 U.S. Dist. LEXIS 182064).



Federal Judge Remands UCL, Negligence Claims Against Lender To California Court
SAN DIEGO - After finding that the amount in controversy in a lawsuit filed by a homeowner in relation to a mortgage company's alleged handling of her loan modification application did not meet the federal requirement, a California federal judge on Oct. 27 remanded the case to a state court (Carey M. Ainley v. PHH Mortgage, No. 17-01476, C.D. Calif., 2017 U.S. Dist. LEXIS 178625).



Federal Judge Dismisses UCL, Negligence Claims Against 360 Mortgage
SAN FRANCISCO - A California federal judge on Oct. 16 granted a loan servicer's motion to dismiss all of a borrower's claims against it for failure to state a claim but granted him leave to amend his claims for violation of California's unfair competition law (UCL) and negligence (Cristian Alvarado v. 360 Mortgage Group LLC, No. 17-cv-04655, N.D. Calif., 2017 U.S. Dist. LEXIS 171042).



Judge Orders Supplement Maker To Show Cause Regarding Fraud-Related Claims
LOS ANGELES - Although a California federal judge found that a nutrition company and its owner would likely succeed on their claims for violation of California's unfair competition law (UCL) and false advertising in relation to alleged false statements made by a competitor regarding its prostate supplement, the judge on Oct. 23 ruled that a temporary restraining order enjoining the competitor from making the statements was not yet warranted (Verified Nutrition LLC, et al. v. Eric Sclar, et al., No. 2:17-cv-07499, C.D. Calif., 2017 U.S. Dist. LEXIS 175401).



Injunction, Civil Penalty For Illicit Cigarette Sales On Indian Land Upheld
SACRAMENTO, Calif. - A California court correctly imposed a $765,000 civil penalty against a man for illegal cigarette sales at two smoke shops on Indian land because neither federal law nor tribal sovereignty preempts the state's regulation and enforcement of its laws regarding cigarette sales, a state appeals court held Oct. 17 (The People ex rel. Xavier Becerra, as Attorney General, etc., v. Darren Paul Rose, No. C080546, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 900).



Federal Judge Allows UCL Claim Against Liberty Mutual To Proceed
SAN DIEGO - After finding that development firms sufficiently pleaded the elements of a claim for violation of California's unfair competition law (UCL) in relation to the alleged overcharging of deductible fees, a California federal judge on Oct. 26 denied an insurer's motion to dismiss the claim (Bosa Development California Inc., et al. v. Liberty Mutual Fire Insurance Co., No. 3:17-cv-00945, S.D. Calif., 2017 U.S. Dist. LEXIS 177870).



Judge Sets Jury Trial In Insurer's Assignment- Of-Rights Case Against Provider
FRESNO, Calif. - A jury must first decide whether insureds validly assigned their rights to health insurance coverage to a medical provider before the surviving claims can proceed to a jury or bench trial, a federal judge in California held Oct. 31 (John B. Hackert v. Cigna Health and Life Insurance Co., et al., Cigna Health and Life Insurance Co., et al. v. John B. Hackert, No. 15-1248, E.D. Calif.; 2017 U.S. Dist. LEXIS 180569).



Judge Finds Credit Union Did Not Violate UCL By Using Overdraft Program
SAN DIEGO - A California federal judge on Oct. 25 ruled that a credit union did not violate California's unfair competition law (UCL) or misappropriate trade secrets when it implemented an overdraft privilege (ODP) program, finding that it never used any of the recommendations given to it by a consulting firm that developed a similar program (John M. Floyd & Associates Inc. v. First Imperial Credit Union, et al., No. 16-cv-1851, S.D. Calif., 2017 U.S. Dist. LEXIS 177089).



California Court Grants Judgment For Lender On Junk Fax Claims
SAN DIEGO - A California federal judge on Nov. 6 granted summary judgment for a small business lender, finding that it did not violate California's unfair competition law (UCL) and other state laws when it sent various small business owners "junk faxes" (David Meyer, et al. v. Capital Alliance Group, et al., No. 15-CV-2405, S.D. Calif., 2017 U.S. Dist. LEXIS 183690).



9th Circuit Vacates Remand Of Recorded Calls Suit Based On Incomplete Class
PASADENA, Calif. - A district court erred when it remanded a class suit over phone calls that were allegedly recorded without permission based on the Class Action Fairness Act's (CAFA) home-state exception as the decision was based on the analysis of an incomplete class, a Ninth Circuit U.S. Court of Appeals panel ruled Oct. 20 (Tiffany Brinkley, et al. v. Monterey Financial Services, Inc., et al., No. 17-56335, 9th Cir., 2017 U.S. App. LEXIS 20668).



9th Circuit Reinstates Class Claims, Injunction Request Over Flushable Wipes
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Oct. 20 reversed a dismissal of a class complaint accusing Kimberly-Clark Corp. of falsely marketing their flushable wipes, finding that the lead plaintiff adequately alleged that the defendant's use of the word "flushable" was false and that the plaintiff did not need to allege damage to her plumbing or pipes because economic injury due to paying a premium for a falsely advertised product was sufficient harm under California law (Jennifer Davidson, et al. v. Kimberly-Clark Corporation, et al., No. 15-16173, 9th Cir., 2017 U.S. App. LEXIS 20670).



Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid
SAN DIEGO - A plaintiff's failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are "Made in U.S.A." violates California law, a California federal judge ruled Nov. 13, finding that the plaintiff only needs to credibly allege that the amount coming from outside the United States is greater than 10 percent (Kenrick Claiborne v. Church & Dwight Co., Inc., No. 17-746, S.D. Calif., 2017 U.S. Dist. LEXIS 187343).



Defunct Taxi Company's UCL Action Against Uber In Question After Dismissal
SAN FRANCISCO - Whether Uber operates as a de facto taxi service in California and what rules govern its operations is a regulatory question best left for a state agency, a federal judge in California held Oct. 17. The judge ordered the parties to meet to discuss whether the ruling left any portion of the company's California unfair competition law (UCL) claim remaining (A White and Yellow Cab Inc. v. Uber Technologies Inc., et al., No. 15-05163, N.D. Calif., 2017 U.S. Dist. LEXIS 171795).



Judge Transfers Claims Related To Allegedly Defective Pressure Cooker
FRESNO, Calif. - A California federal judge on Oct. 30 granted a joint motion by a purchaser and maker of an allegedly defective pressure cooker to transfer class action claims for violation of California's unfair competition law (UCL) and breach of warranty to be consolidated with another action in an Ohio federal court, finding that both cases have been settled and should be combined to promote the efficient administration of justice (Edwina Pinon v. Tristar Products Inc., et al., No. 1:16-cv-00331, E.D. Calif., 2017 U.S. Dist. LEXIS 179566).



Cloud Provider Asserts UCL Claim In California Court Over Noncompete Agreements
SAN JOSE, Calif. - Egnyte Inc. on Oct. 6 sued a competitor in a California state court, asserting claims for violation of California's unfair competition law (UCL) and seeking a declaration that former employees of the competitor are not legally restricted from working for Egnyte under noncompetition agreements (Egnyte Inc., et al. v. Citrix Systems Inc., et al., No. 316926, Calif. Super., Santa Clara Co.).



Insureds Claim Blue Shield Violated UCL In Denying Coverage For Prostheses
LOS ANGELES - Insureds on Nov. 7 filed a class action complaint in a California court against an insurer, alleging that it violated California's unfair competition law (UCL) when it denied coverage for certain lower limb prosthetic devices (Adam Viguers, et al. v. California Physicians' Service, et al., No. BC682172, Calif. Super., Los Angeles Co.).



LuLaRoe Consultants Seek $1B For RICO, UCL Class Claims
RIVERSIDE, Calif. - Three women who signed on to be consultants with LuLaRoe LLC and sell the company's leggings and other clothing products claim that they unknowingly were recruited into a pyramid scheme and filed a class complaint on Oct. 23 in a California federal court seeking $1 billion on multiple claims, including violations of the Racketeer Influenced and Corrupt Organizations Act and California's unfair competition law (Aki Berry, et al. v. LuLaRoe, LLC, et al., No. 17-2176, C.D. Calif.).



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.).