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LexisNexis® Mealey's™ California Section 17200 Legal News



Headline California Section 17200 Legal News from LexisNexis®



 



California Court Affirms $6.8M Penalty Imposed On Overstock For Inflated Pricing
SAN FRANCISCO - A California appeals court on June 2 affirmed a trial court's decision to impose $6,828,000 in civil penalties against an online retailer after determining that it violated California's unfair competition law (UCL) and false advertising law (FAL) when it made untrue and misleading statements about pricing, finding that the trial court's penalty was not constitutionally disproportionate (The People v. Overstock.com Inc., No. A141613, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. LEXIS 506).



Supreme Court: BPCIA Provision Not Enforceable With Federal Injunction
WASHINGTON, D.C. - The requirement of Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262(k), that a biologic applicant provide a sponsor with its applications and manufacturing information is not enforceable with a federal injunction, the U.S. Supreme Court ruled June 12 (Sandoz Inc. v. Amgen Inc., et al., No. 15-1039 and 15-1195, U.S. Sup.).



California Court Affirms Order Denying Fees In Health Privacy Case
SACRAMENTO, Calif. - A California appeals panel on June 9 affirmed a trial court's ruling that a patient, who alleged that a health care provider violated her privacy when it submitted her private health records as exhibits to a complaint in a debt collection action, did not err when it refused to award her fees because she could not show a probability of prevailing on her claims for violation of California's unfair competition law (UCL) and other causes of action (Kathleen Leonard v. Retailer's Credit Association of Grass Valley, Inc., No. C079880, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 3949).



9th Circuit Affirms Dismissal Of Conspiracy Claims Against Regal Entertainment
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 23 affirmed a district court's dismissal of claims asserted by a movie theater owner against a competitor, finding that since its claims for violation of the Cartwright Act failed, its other causes of action for violation of California's unfair competition law (UCL) and interference also failed (Starlight Cinemas v. Regal Entertainment Group, No. 15-55217, 9th Cir., 2017 U.S. App. LEXIS 8978).



Panel Affirms Bankruptcy Court Ruling Dismissing UCL Claims Against Lenders
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 affirmed a bankruptcy court's ruling in favor of various lenders, finding that borrowers lacked standing to assert claims for violation of California's unfair competition law (UCL) and that their breach of contract claims failed (In re Rosanna Mac Turner, No. 15-60046, 9th Cir., 2017 U.S. App. LEXIS 10622).



Judge Refuses To Dismiss Insurers' Class Claims For Damages After Subrogation
LOS ANGELES - A California federal judge on May 24 denied a motion filed by the makers of a defective dehumidifier that caused fires to dismiss class action claims for violation of California's unfair competition law (UCL) and negligence and other claims and ordered them to show cause as to why they should not be sanctioned for misrepresenting the law as it pertains to insurer's rights to subrogate the rights of insureds (Homesite Insurance Company of the Midwest, et al. v. Gree USA Inc., et al., No. 2:16-cv-06769, C.D. Calif., 2017 U.S. Dist. LEXIS 79809).



Judge Refuses To Strike Claims Related To Butter Wine Trademark
SAN FRANCISCO - A California federal judge on June 12 refused to strike a wine maker's claim for violation of California's unfair competition law (UCL) and another claim in relation to its alleged misuse of a trademark for a chardonnay, finding that the owner of the mark showed a probability of prevailing on its claims (JaM Cellars Inc. v. Vintage Wine Estates Inc., No. 17-01133, N.D. Calif., 2017 U.S. Dist. LEXIS 90002).



Judge Refuses To Strike Answer To Tax Firm's Infringement, UCL Claims
SAN FRANCISCO - A California federal judge on June 16 partially granted a tax firm's motion to strike parts of an answer to its complaint in which it asserts that various defendants infringed on its trademarks and violated California's unfair competition law (UCL), but refused to strike parts of the answer that assert an affirmative defense such as unclean hands or other equitable defense (Anderson Tax LLC v. Stephane Laffont-Reveilhac, et al., No. 17-cv-01311-EMC, N.D. Calif., 2017 U.S. Dist. LEXIS 93298).



Judge Asks FDA To Review Whether Almond Milk Packaging Is Misleading
FRESNO, Calif. - A California federal judge on June 6 stayed a consumer's claims for violation of California's unfair competition law (UCL) and for false advertising, referring the issue of whether the maker of Silk Almondmilk made misleading statements on its packaging about the ingredients of the milk to the Food and Drug Administration for review (Melanie Kelley v. WWF Operating Company, No. 1:17-cv-117, E.D. Calif., 2017 U.S. Dist. LEXIS 86971).



Judge Dismisses Class Action Claims Against Maker Of Cheez-It Crackers
CENTRAL ISLIP, N.Y. - After finding that Kellogg Co. did not deceive consumers regarding the amount of whole grain in its crackers, a New York federal judge on May 31 granted the company's motion to dismiss a class action against it in which the purchasers asserted causes of action for violation of California and New York consumer protection laws (Kristen Mantikas, et al. v. Kellogg Co., No. 16-cv-2552, E.D. N.Y., 2017 U.S. Dist. LEXIS 83311).



Purchaser Of Fruit Snacks Asserts UCL And Fraud Claims Against Dollar Tree
LOS ANGELES - A purchaser of fruit snacks on May 26 filed a complaint in a California court, asserting that a manufacturer and a retailer knowingly made and sold fruit snacks that contain excessive slack fill (David Greenstein v. Global Brands LLC, et al., No. YC072082, Calif. Sup., Los Angeles Co.).



Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims
SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).



Judge Dismisses Securities Claims Related To Allegedly Fraudulent Club Investment
SAN DIEGO - A California federal judge on May 22 dismissed an investor's claims for violation of California's unfair competition law (UCL) and securities laws, finding that he failed to show that he was fraudulently induced into investing in the development of a nightclub (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).



$51.15M Condo-Hotel Sales Disclosure Settlement Is Preliminarily Approved
SAN DIEGO - A California federal judge on May 24 granted preliminary approval of a $51,150,000 settlement to be paid the developers of a condominium-hotel project in San Diego for allegedly failing to disclose the buyers' right to rescind their purchase contracts in violation of the Interstate Land Sales Full Disclosure Act (ILSA), California's Subdivided Lands Act (SLA) and California's unfair competition Law (UCL) (Dean Beaver, et al. v. Tarsadia Hotels, a California Corporation, et al., No. 11-1842, S.D. Calif., 2017 U.S. Dist. LEXIS 80648).



Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims
SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).



Click Fraud Class Complaint Over Google AdWords Program Dismissed
SAN JOSE, Calif. - A small business owner that alleged fraud and misrepresentation by Google Inc. due to click fraud associated with its AdWords program saw his putative class complaint dismissed June 2 by a California federal judge who found a lack of facts to support the plaintiff's unfair competition and false advertising claims (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.; 2017 U.S. Dist. LEXIS 85196).



Law Firm Joins Prosecution Of Class Action Against Williams-Sonoma
SAN DIEGO - Haeggquist & Eck on June 12 announced that it has joined other firms in prosecuting a class action lawsuit filed against Williams-Sonoma currently pending in a California federal court in which claimants assert that the retailer knowingly misrepresented thread counts on the packaging of several products (William Rushing v. Williams-Sonoma Inc., et al., No. 16-cv-01421, N.D. Calif.).



Judge Refuses To Allow Amendment, Denies Reinstatement Of Fraud Claim
SACRAMENTO, Calif. - A California federal judge on May 30 denied a borrower's motion to file an amended complaint to add a new lender as a defendant and to reinstate previously dismissed claims for fraud and misrepresentation, finding that he failed to submit any new information warranting amendment (Frank Malifrando v. Real Time Resolutions Inc., et al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 91739).



Judge: Unfair Competition Claim Superseded By State Misappropriation Claim
SAN FRANCISCO - Dismissal of a California unfair competition law claim in a misappropriation of trade secrets lawsuit is proper because the claim is superseded by a state trade secrets law claim, a federal judge in California ruled June 8 in dismissing the claim (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Cali., 2017 U.S. Dist. LEXIS 89174).



Company Sues Former Employee Over Misappropriation Of Trade Secret Information
SAN FRANCISCO - A technology company sued a former employee and his current company in California federal court on June 6, alleging that the former employee misappropriated the technology company's trade secrets in violation of state and federal law (Meta Co. v. Zhangyi Zhong, et al., No. 17-3259, N.D. Calif.).



9th Circuit Certifies Question On Interest Rates To California High Court
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 21 certified a question to the California Supreme Court on whether high interest rates on consumer loans violated California finance law (Eduardo De La Torre, et al. v. CashCall Inc., Nos. 14-17571, 15-15042, 9th Cir., 2017 U.S. App. LEXIS 6997).



9th Circuit Reverses Dismissal Of Insured's UCL Claims Against AARP
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 2 reversed a district court's dismissal of an insured's claims for violation of California's unfair competition law (UCL), finding that he plausibly stated a claim that an insurer was soliciting insurance in California without having the proper license and in violation of the California Insurance Code (Jerald Friedman v. AARP Inc., et al., No. 14-56765, 9th Cir., 2017 U.S. App. LEXIS 7845).



Insured Waived Appeal Of Dismissal Of Unfair Competition Claim, 9th Circuit Says
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 25 affirmed a lower federal court's ruling in favor of a homeowners insurer in its insured's lawsuit alleging violations under the Fair Credit Reporting Act (FCRA) and California's unfair competition law (UCL) (Kamlesh Banga v. Allstate Insurance Co., No. 14-17147, 9th Cir., 2017 U.S. App. LEXIS 7284).



ACA Medical Loss Ratio Includes Insurer's Settlement Payments, Judge Says
LOS ANGELES - More than $34 million an insurer paid as a result of improperly categorizing out-of-network providers counts as incurred claims for purposes of the Patient Protection and Affordable Care Act (ACA)'s medical loss ratio (MLR), a federal judge in California held May 1 in denying remand and dismissing a California unfair competition law action (Rebecca Morris, et al. v. Blue Shield of California, et al., No. 16-5914, C.D. Calif., 2017 U.S. Dist. LEXIS 66043).



Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M
LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $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).



Company Sues Competitor, Former Employees Over Trade Secrets Misappropriation
VENTURA, Calif. - A pharmaceutical company and its subsidiary sued a "pure-play biosimilar platform company" and several former employees in California state court on April 21, alleging that the defendants engaged in unfair competition and misappropriated the company's trade secrets in violation of California and common law (Amgen Inc., et al. v. Coherus Biosciences Inc., et al., No. 56-2017-00493553-CU-BT-VTA, Calif. Super, Ventura Co.).



9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads
SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on behalf of herself and all others similarly situated v. SanMedica International, No. 15-15496, 9th Cir., 2017 U.S. App. LEXIS 6995).



Judge Dismisses Contract Claims Against Financial Adviser, Allows Amendment
SAN FRANCISCO - A California federal judge on April 18 granted a motion filed by an investment advising company to dismiss claims for fraud and violation of California's unfair competition law (UCL) asserted by a technical services company and a wealth management company in relation to an underlying service agreement, finding that the claims lacked the required facts to support the allegations (SVGRP LLC, et al. v. Sowell Financial Services, LLC, et al., No.5:16-cv-07302, N.D. Calif., 2017 U.S. Dist. LEXIS 59271).



Judge Finds No Support For Declaratory Relief Claim Against Solar Energy Firm
SAN FRANCISCO - A California federal judge on May 4 granted a partial motion to dismiss claims in an action filed by a solar energy company that alleges that a former employee violated California's unfair competition law (UCL) and breached a confidentiality agreement when she began working for a competitor (SolarCity Corporation v. Sunpower Corporation, et al., No. 16-CV-05509, N.D. Calif., 2017 U.S. Dist. LEXIS 68639).



Judge Dismisses Infringement Claim Against Party City Over Drink Vessel Patent
SAN DIEGO - A California federal judge on April 25 dismissed claims asserted by a drink vessel maker for patent infringement and unjust enrichment in relation to a party supply retailer's alleged infringement on its utility patent but found that part of its claim for violation of California's unfair competition law (UCL) can proceed (Small Axe Enterprises Inc. v. Amscan Inc., et al., No. 3:16-cv-00981, S.D. Calif., 2017 U.S. Dist. LEXIS 62900).



Judge Finds Alcohol Monitoring Device Companies Did Not Misrepresent Products
LOS ANGELES - A California federal judge on April 28 granted a motion filed by the maker and distributor of alcohol monitoring devices to dismiss claims for violation of California's unfair competition law (UCL) and fraud claims against them, finding that they failed to plead sufficient facts to support the causes of action (Hansen, et al. v. Scram of California Inc., et al., No. 2:17-cv-01474, C.D. Calif., 2017 U.S. Dist. LEXIS 65341).



Trial Court Properly Rejected UCL Foreclosure Claims, Appeals Court Finds
SAN JOSE, Calif. - A couple lacks the authority to challenge the assignment of the rights to the mortgage on their property in an effort to preempt foreclosure, a California appeals court held May 9 in affirming judgment on unfair competition law (UCL) claims (William E. Hellmuth, et al. v. Bank of America N.A., et al., No. H042544, Calif. App., 6th Dist., 2017 Cal. App. Unpub. LEXIS 3230).



Judge Finds Borrower Did Not Rescind Note, Dismisses TILA And UCL Claims
RIVERSIDE, Calif. - A California federal judge on May 15 granted a motion filed by a lender and a loan servicer to dismiss a property owner's complaint, which asserted claims for violation of California's unfair competition law (UCL) and the Fair Debt Collection Practice Act (FDCPA), finding that his allegations were conclusory (Phillip D. Jackson v. Nationstar Mortgage LLC, et al., No. 5:17-cv-00044, C.D. Calif., 2017 U.S. Dist. LEXIS 73826).



Judge Dismisses RESPA Claim Against Ocwen Without Leave To Amend
FORT LAUDERDALE, Fla. - A Florida federal judge on May 2 decided that claims for violation of the Real Estate Settlement Procedures Act (RESPA) against a loan servicer failed because a borrower failed to show that it did not respond to her request for information (Shelisa Todd v. Ocwen Loan Servicing LLC, No. 17-cv-60454, S.D. Fla., 2017 U.S. Dist. LEXIS 66541).



Magistrate Finds Borrower Lacks Standing Under California High Court Ruling
FRESNO, Calif. - After finding that a borrower lacked standing under a recently decided California Supreme Court ruling to challenge a foreclosure and that his claims were not cognizably pleaded, a California federal magistrate judge on May 8 recommended that a motion to amend the borrower's complaint to add new defendants should be denied as futile (David Leroy Newman v. Bank of New York Mellon, et al., No. 1:12-cv-01629, E.D. Calif., 2017 U.S. Dist. LEXIS 70076).



Judge Dismisses Foreclosure- Related Claims Against CitiMortgage, Allows Amendment
SAN FRANCISCO - A California federal judge on May 17 partially granted a mortgage company's motion to dismiss claims including violation of California's unfair competition law (UCL), allowing part of a borrower's dual tracking claim to proceed and dismissing the remainder of the claims with leave to amend (Gilbert Chavez v. CitiMortgage Inc., No. 17-cv-01205, N.D. Calif., 2017 U.S. Dist. LEXIS 75430).



Judge Finds Borrower Did Not Allege New Facts To Support Amendment
FRESNO, Calif. - A California federal judge on May 18 denied a borrower's motion to amend her complaint in which she alleges that a bank violated California's unfair competition law (UCL) and other laws related to a wrongful foreclosure, finding that she failed to allege any facts that would support new claims (Brenda D. Dowling v. Bank of America, et al., No. 1:14-cv-01041, E.D. Calif., 2017 U.S. Dist. LEXIS 76063).



Judge Remands Wrongful Termination Suit For Untimely Removal
LOS ANGELES - After finding that an advertising firm's removal of a former employee's case asserting claims for wrongful termination and violation of California's unfair competition law (UCL) was not proper, a California federal judge on April 26 remanded the case to a state court (Annabel Hernandez v. YP Advertising and Publishing LLC, No. 16-9612, C.D. Calif., 2017 U.S. Dist. LEXIS 63485).



Unfair Competition Claims OK'd, But Judge Says No Relief Due In Surgical Gown Case
LOS ANGELES - A California federal judge on May 15 said a class representative proved that two defendants violated California's unfair competition law (UCL) by selling defective surgical gowns, but denied the plaintiff's request for restitution and injunctive relief given a jury's $454 million compensatory and punitive damages verdict (Bahamas Surgery Center v. Kimberly-Clarke Corp., et al., No. 14-8390, C.D. Calif., 2017 U.S. Dist. LEXIS 73778).



Judge Severs Military Law Claims From Officer's Federal Complaint
SAN JOSE, Calif. - A California federal judge on April 24 severed a petition filed under California military law from a complaint in which an officer in the California Army National Guard (CAARNG) asserted claims for violation of California's unfair competition law (UCL) and other claims in relation to the servicing of his student loans, finding that the military law petition should be severed from the federal case (Christian Wellisch v. Pennsylvania Higher Education Assistance Agency, et al., No. 17-cv-00213, N.D. Calif., 2017 U.S. Dist. LEXIS 62095).



California High Court Finds Arbitration Provision Is Contrary To Public Policy
LOS ANGELES - The California Supreme Court on April 6 reversed a court's ruling that the Federal Arbitration Act (FAA) does not preempt a rule that provides that arbitration agreements for public injunctive relief under California's unfair competition law (UCL) and false advertising law are not enforceable in California, remanding a credit card user's allegations related to marketing of the card against the lender for further review (Sharon McGill v. Citibank, N.A., No. S224086, Calif. Sup., 2017 Cal. LEXIS 2551).



Judge Stays UCL And Other Claims Pending Review By Arbitrator
SAN DIEGO - A California federal judge on March 28 compelled claims for violation of breach of contract, violation of California's unfair competition law (UCL) and other causes of action to arbitration under a cable services agreement, finding that questions underlying the dispute must be decided by an arbitrator (Michael Song v. Charter Communications Inc., et al., No. 17cv325, S.D. Calif., 2017 U.S. Dist. LEXIS 45972.)



Judge Finds Company In Contempt For Unlawfully Selling Domain Names
LOS ANGELES - A California federal judge on April 10 granted a motion filed by a company that alleges that another entity violated California's unfair completion (UCL) and false advertising laws when it sold trademarked domain names, finding the company in contempt of a temporary restraining order and injunction (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).



Judge Refuses To Grant Request For Interlocutory Appeal Of Ruling For CrossFit
SAN DIEGO - After determining that the National Strength and Conditioning Association (NSCA) failed to show that a lawsuit in which the owner of a workout program asserted violations of the Lanham Act and California's unfair competition law (UCL) in relation to data published by NSCA did not constitute the type of "exceptional" case that would warrant certifying an interlocutory appeal, a California federal judge on April 3 rejected the association's request to appeal a summary judgment ruling (Crossfit Inc. v. National Strength and Conditioning Association, No. 14cv1191, S.D. Calif., 2017 U.S. Dist. LEXIS 50719).



Court Finds Release On Employment Termination Was Not Defamatory
LOS ANGELES - After finding that a former president and founder of a clothing company failed to show that he would likely succeed on the merits of his claims at trial, a California court on March 28 affirmed judgment in favor of an investment firm on his claims for defamation and violation of California's unfair competition law (UCL) (Dov Charney v. Standard General, L.P., et al., No. B268928, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. LEXIS 274).



Court Affirms Verdict For Unpaid Overtime For Newspaper Employees
LOS ANGELES - After finding that all of a newspaper's challenges to a jury verdict in favor of former employees, who asserted claims for violation of California's unfair competition law (UCL) and other causes of action related to the termination of their jobs, failed, a California court on March 23 affirmed an award of damages in their favor for unpaid wages and overtime (Sun K. Byun, et al. v. Joong-Ang Daily News California, Inc., No. B270539, Calif. App., 2nd Dist., Div. 8, 2017 Cal. App. Unpub. LEXIS 2015).



Judge Finds Lack Of Standing To Assert UCL Claim Against Popcorn Maker
SAN DIEGO - A California federal judge on March 27 dismissed a consumer's amended complaint in which she asserted violation of California's unfair competition law (UCL) and other claims related to partially hydrogenated vegetable oils in popcorn that she purchased, finding that the pleading contained the same defects as the original complaint (Jacquelyn McGee v. Diamond Foods Inc., No. 14cv2446, S.D. Calif., 2017 U.S. Dist. LEXIS 44723).



Campbell Soup Trans Fat Labeling Class Suit Dismissed; Motions For Sanctions Denied
SAN DIEGO - A California federal judge on March 21 granted a motion to dismiss a class complaint accusing Campbell Soup Co. of deceiving customers by labeling soup as healthy even though it contained trans fat but denied motions by both parties seeking sanctions (Harold Brower, et al. v. Campbell Soup Company, No. 16-1005, S.D. Calif., 2017 U.S. Dist. LEXIS 40792).



California Court Affirms Demurrer, Finds Borrowers Had No Interest In Property
SAN FRANCISCO - A California court on March 22 affirmed a trial court's decision to grant a demurrer filed by a mortgage company to a complaint filed by borrowers in relation to a foreclosure, finding that they did not allege sufficient facts to support their claim for violation of California's unfair competition law (UCL) (Lonnie Ratliff, Jr. v. EMC Mortgage LLC, et al., No. A144123, Calif. App., 1st. Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 2057).



California Court Affirms Ruling For Lenders, Finds Record Is Inadequate
LOS ANGELES - A California appellate court on April 5 rejected a borrower's appeal of a trial court's grant of summary judgment for a lender and a loan servicer on his claims for violation of California's unfair competition law (UCL), the Real Estate Settlement Procedures Act (RESPA) and other claims, finding that he did not provide the court with an adequate record on appeal (Payman Emamian v. Nationstar Mortgage, et al., No. B271942, Calif. App., 2nd Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 2367).



Judge Finds Lenders And Trust Did Not Violate California Housing Law
SAN FRANCISCO - A California federal judge on April 10 dismissed a borrower's claims for violation of California's unfair competition law (UCL), negligence and other claims related to foreclosure proceedings, finding that she failed to show that she was not notified of a denial of a loan modification or that the lenders and loan servicers owed her a duty of care (Lisa McCarthy v. Servis One Inc., et al., No. 17-cv-00900, N.D. Calif., 2017 U.S. Dist. LEXIS 54649).



Federal Judge Finds No Facts Showing Loan Transfer Was Void
SAN DIEGO - A California federal judge on April 5 dismissed numerous claims asserted by a property owner, including causes of action for violations of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA), finding that he failed to plead the claims with the required specificity (Fernando D. Lopez v. Wells Fargo, N.A., et al., No. 16-cv-0811, S.D. Calif., 2017 U.S. Dist. LEXIS 52527).



Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery
SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).



Wells Fargo Agrees To Pay $110M To Settle Unauthorized Accounts Class Claims
SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to pay $110 million 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, according to a joint notice of settlement filed March 28 in the U.S. District Court for the Northern District of California (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).



California Federal Judge Denies Decertification, Finds Vendors Are Employees
SAN FRANCISCO - A network of "vendors" who perform maintenance and repair services at properties owned by Field Asset Services Inc. (FAS) are employees, not independent contractors, and are owed overtime and business expenses, a California federal judge ruled March 17 in an order granting the vendors' motion for partial summary judgment and denying FAS's motion to decertify the class of vendors (Fred Bowerman, et al. v. Field Asset Services Inc., et al., No. 13-57, N.D. Calif., 2017 U.S. Dist. LEXIS 39000).



Class Certification Granted In Gingko Biloba Supplement False Labeling Lawsuit
SAN DIEGO - Common questions predominate in a lawsuit alleging that product claims on the labeling for nutritional supplements are false, a California federal judge ruled March 16, granting a motion for class certification (Tatiana Korolshteyn, et al. v. Costco Wholesale Corporation, et al., No. 15-709, S.D. Calif., 2017 U.S. Dist. LEXIS 38192).



California Federal Judge: Supplement Labeling Class Suit Belongs In State Court
SAN DIEGO - A class lawsuit over nutritional supplement labeling belongs in state court because the combined amount in controversy is less than $5 million, even when a 25 percent attorney fee award is included, a California federal judge ruled March 24, rejecting arguments by both sides that the case should remain in federal court (Paige Petkevicius, et al. v. NBTY, Inc., et al., No. 14-2616, S.D. Calif., 2017 U.S. Dist. LEXIS 43636).



Judge Grants Motion To Strike Punitive Damages Claim Related To Car Issues
FRESNO, Calif. - A California federal judge on April 7 granted a motion filed by Ford Motor Co. to strike a consumer's punitive damages claim, finding that her claims under California's unfair competition law (UCL) and other claims do not allow for punitive damages (Beverly J. Marshall v. Ford Motor Company, et al., No. 1:17-CV-0006, E.D. Calif., 2017 U.S. Dist. LEXIS 53935).



Judge Dismisses UCL Claims Related To Allegedly Unfair Rental Late Fees
SAN DIEGO - A California federal judge on March 31 granted a real estate company's motion to dismiss claims that it violated California's unfair competition law (UCL) when it charged a tenant a late fee, finding that the tenant failed to show that the fees were not practicable (Jordan Kohler v. Greystar Real Estate Partners, LLC, No. 15-cv-02195, S.D. Calif., 2017 U.S. Dist. LEXIS 49762).



$454M Verdict Returned By Federal Jury In California Surgical Gown Fraud Trial
LOS ANGELES - A California federal jury on April 7 returned a $454 million verdict in a California class action trial alleging that defendants Kimberly-Clark Corp. and spinoff Halyard Health Inc. sold surgical gowns that did not meet standards for protecting operating room personnel from bodily fluids (Bahamas Surgery Center, LLC, et al. v. Kimberly Clarke Corporation, et al., No. 14-8390, C.D. Calif.).



Judge Allows Some Claims In Suit Alleging Stem Cell Treatments Are Scam
SAN DIEGO - Customers of a stem cell therapy business sufficiently plead that the business advertised false and misleading information on its website about consumer satisfaction rates in a way that was deceptive to potential customers, though they must amend their class claims that the business misrepresented the efficacy of its treatments if those claims are to proceed, a California federal judge held April 6 (Selena Moorer, et al. v. StemGenex Medical Group, Inc., et al., No. 3:16-cv-02816, S.D. Calif., 2017 U.S. Dist. LEXIS 53294).