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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®



 



California Panel Reverses Dismissal Of City's UCL Claims Against Contractors
LOS ANGELES - After finding that the city of Los Angeles' claims that a company and its owner conspired with subcontractors to pay employees wages less than the prevailing rate while working on a construction project were sufficient to support a claim for violation of California's unfair competition law (UCL), a state appellate panel on Dec. 12 reversed the trial court's ruling sustaining demurrers as to the city's claims against them (The People v. Mackone Development, et al., No. B268991, Calif. App., 2nd Dist., Div. 7, 2017 Cal. App. Unpub. LEXIS 8463).



9th Circuit Finds Weight Loss Supplement Maker Did Not Represent Results
SAN FRANCISCO - After finding that a consumer failed to show that a research group made false misrepresentations about the proven results of its weight loss product, the Ninth Circuit U.S. Court of Appeals on Dec. 15 affirmed a district court's dismissal of his claims for violation of California's unfair competition law (UCL) and other California laws (Alhareth Aloudi v. Intramedic Research Group LLC, No. 16-15876, 9th Cir., 2017 U.S. App. LEXIS 25420).



California Court Upholds Dismissal Of UCL, Fraud Claims Against Hotel
LOS ANGELES - A California appeals court on Jan. 4 affirmed a trial court's ruling in favor of a hotel owner and its employees, finding that a tenant, who was evicted, failed to show that they violated California's unfair competition law (UCL) or fraudulently concealed information from him (Troy A. Stewart v. Extended Stay America, et al., No. B278661, Calif. App., 2nd Dist., Div. 4, 2018 Cal. App. Unpub. LEXIS 50).



9th Circuit Affirms Dismissal Of UCL, Other Claims As Barred By Securities Law
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 29 affirmed a district court's dismissal of claims for violation of California's unfair competition law (UCL) and other claims asserted against a financial services firm in relation to trades it made to a securities company, finding that all the causes of action were barred by the Securities Litigation Uniform Standards Act (SLUSA) (Francis X. Fleming Jr. v. The Charles Schwab Corporation, et al., Nos. 16-15179, 16-15189, 9th Cir., 2017 U.S. App. LEXIS 26982).



Panel Finds Loan Was Not Void, Affirms Dismissal Of UCL, Fraud Claims
SANTA ANA, Calif. - A California appeals court on Jan. 5 affirmed the dismissal of claims for violation of California's unfair competition law (UCL), fraud and other claims asserted against lenders and a loan servicer, finding that borrowers failed to show that their original loan was void (Andrea E. Lucas, et al. v. Deutsche Bank National Trust Company, et al., No. G053165, Calif. App., 4th Dist., Div. 3, 2018 Cal. App. Unpub. LEXIS 114).



Court Affirms Refusal To Certify UCL, FAL Claims Related To Pool Size
SAN FRANCISCO - A California appeals court on Dec. 4 affirmed a trial court's decision to deny class certification in a case filed by a consumer who asserted a claim for violation of California's unfair competition law (UCL) among other claims, finding that his counsel failed to conduct the appropriate discovery to obtain the necessary facts before filing the motion for certification (Diana Nieves Noel v. Thrifty Payless Inc., No. A143026, Calif. App., 1st Dist., Div. 4).



Judge Orders Parties To Provide Additional Information On UCL, Fraud Damages
SAN FRANCISCO - A California federal judge on Dec. 12 refused to remand a consumer's claims for violation of California's unfair competition law (UCL) and fraud against a rental car service until the parties can conduct additional discovery on whether the case meets the federal amount-in-controversy requirement for a class action (Jian-Ming "Scott" Zhao v. RelayRides Inc., et al., No. 17-cv-04099, N.D. Calif., 2017 U.S. Dist. LEXIS 204415).



California Federal Judge Trims 1 Plaintiff From Macy's Pricing Class Suit
OAKLAND, Calif. - A California federal judge on Dec. 21 partially granted a motion to dismiss as to one named plaintiff in a class complaint accusing Macy's Inc. of misleading pricing practices, but otherwise denied the motion and gave Macy's until Jan. 12 to respond to the amended consolidated complaint (Kristin Haley, et al. v. Macy's Inc., et al., No. 15-cv-06033, N.D. Calif., 2017 U.S. Dist. LEXIS 210486).



TJX Cos. To Pay $8.5 Million To End Class Claims Over Sale Prices
RIVERSIDE, Calif. - A California federal judge on Dec. 5 granted preliminary approval of an $8.5 million settlement to be paid by The TJX Cos. Inc., T.J. Maxx of CA LLC, Marshalls of CA LLC and HomeGoods Inc. to end class claims that the defendants used higher "Compare At" prices to make their "sale" prices look like a better deal (Staci Chester, et al. v. The TJX Companies, Inc., et al., No. 15-1437, C.D. Calif., 2017 U.S. Dist. LEXIS 201121).



Judge Transfers Class Action Challenging Natural Products Labeling
SAN DIEGO - A California federal judge on Dec. 15 refused to dismiss a class action complaint filed by the makers and sellers of allegedly all natural products, but granted a request to transfer the case where a similar action has been stayed pending a determination by the Food and Drug Administration on whether the term "natural" should be regulated on food labels (Janell Johnson Campbell v. Annie's Homegrown Inc., et al., No. 17cv1736, S.D. Calif., 2017 U.S. Dist. LEXIS 206808).



Judge Compels UCL, Fraud Claim Against Pharma Company To Arbitration In Hong Kong
SAN DIEGO - After finding that a California natural plant company's claims for violation of California's unfair competition law (UCL) and fraud against a group of companies and their officer in relation to a distribution agreement arose directly under an underlying contract, a California federal judge on Jan. 8 compelled the claims against one business entity to arbitration in Hong Kong (Everest Biosynthesis Group LLC, dba Natural Plant Extracts v. Biosynthesis Pharma Group Limited, et al., No. 17cv1466, S.D. Calif., 2018 U.S. Dist. LEXIS 3258).



On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).



Judge Denies GoDaddy's Request For Restraining Order In Infringement, UCL Case
OAKLAND, Calif. - A California federal judge on Dec. 20 denied a request by GoDaddy Operating Co. LLC, which asserts causes of action for trademark infringement and violation of California's unfair competition law (UCL) against a graphics company and others, for a temporary restraining order, finding that the issue would be better decided on fully-briefed motions for an injunction rather than a temporary restraining order (GoDaddy Operating Company, LLC v. Usman Ghaznavi, et al., No. 17-cv-6545, N.D. Calif., 2017 U.S. Dist. LEXIS 209386).



Judge Allows UCL, CLRA Class Claims Against Dive Equipment Maker To Proceed
SAN DIEGO - A California federal judge on Jan. 8 found that purchasers of allegedly defective dive computers sufficiently alleged facts to allow their claims for violation of California's unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) to survive dismissal, but granted the maker of the equipment's motion to strike a third-party complaint against it (Ralph A. Huntzinger, et al. v. Aqua Lung America Inc., et al., No. 15cv1146, S.D. Calif., 2018 U.S. Dist. LEXIS 3222).



Panel Reverses Dismissal Of Foreclosure Claim, Finds Case Was Not Precluded
LOS ANGELES - A California appeals court on Dec. 20 reversed a trial court's order finding that a borrower's claims for unlawful foreclosure were barred by a ruling in a previous lawsuit, finding that the first lawsuit was not decided on the merits (Paula Boyd v. David Freeman, No. B279246, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 1138).



Federal Judge Finds Borrower Lacks Standing Under UCL, Dismisses Claims
SAN JOSE, Calif. - After finding that a borrower failed to show that he had standing to assert a claim for violation of California's unfair competition law (UCL) and that he failed to plead facts to support a claim for violation of California housing law, a California federal judge on Dec. 20 granted a bank's motion to dismiss the claims with leave to amend (Donald Livermore v. Wells Fargo Bank, No. 17-cv-03347, N.D. Calif., 2017 U.S. Dist. LEXIS 209463).



Federal Judge Dismisses UCL, Wrongful Foreclosure Claims For Lack Of Standing
SAN FRANCISCO - After finding that a borrower lacked standing to challenge the securitization of his loan, a California federal judge on Dec. 22 granted a bank's motion to dismiss his claims for wrongful foreclosure and violation of California's unfair competition law (UCL) (Lonnie Ratliff v. Mortgage Store Financial Inc., et al., No. 17-cv-02155, N.D. Calif., 2017 U.S. Dist. LEXIS 196372).



Judge Finds Insurer Did Not Improperly Deny Coverage In Violation Of UCL
SACRAMENTO, Calif. - After finding that an insurer did not violate California's unfair competition law (UCL) when it denied coverage for injuries suffered by an insured in a vehicle accident that had already been paid under a medical plan, a California federal judge on Jan. 8 granted the insurer's motion to dismiss the claim against it without leave to amend (Deborah Quattrocchi v. Allstate Indemnity Company, No. 2:17-cv-01578, E.D. Calif., 2018 U.S. Dist. LEXIS 3922).



Homeowners Allege Contractor Violated UCL, Breached Contracts For Fire Repair
SANTA ANA, Calif. - Homeowners whose property was damaged in a fire on Dec. 20 sued a contractor and his company in a California court, asserting claims for breach of contract and violation of California's unfair competition law (UCL) in relation to repairs that they paid for, which were allegedly never completed (Donna Miranda, et al. v. A's Contractor Inc., et al., No. 30-2017-000962524, Calif. Super., Orange Co.).



Health Care Product Maker Files Trademark Infringement, UCL Federal Lawsuit
LOS ANGELES - A California laboratory on Jan. 2 sued several other entities in a California federal court, asserting that they infringed on its trademarks and violated California's unfair competition law (UCL) when they knowingly used the laboratory's federally registered trademarks (Trigg Laboratories Inc. v. WSM Investment LLC, et al., No. 2:18-cv-00024, C.D. Calif.).



Borrower Sues Lenders For Violations Of UCL, RESPA, Seeks Damages
LOS ANGELES - A former property owner on Jan. 2 sued a bank and various lenders in a California federal court, asserting causes of action for violation of the Truth in Lending Act (TILA), California's unfair competition law (UCL) and other causes of action related to a loan modification and the foreclosure of the property (Felipe Gonzalez v. J.P. Morgan Chase Bank, et al., No. 2:17-cv-09310, C.D. Calif.).



Vehicle Purchasers Assert UCL, CLRA Claims Against Dealer In California Court
FRESNO, Calif. - The purchasers of a car who believed that a dealer would pay off the balance of their trade-in vehicle on Jan. 3 sued the dealer and others in a California state court, asserting claims for violation of the Consumers Legal Remedies Act (CLRA) and California's unfair competition law (UCL) (Martin Carrillo, et al. v. United Auto Inc., et al., No. 18CECG00035, Calif. Super., Fresno Co.).



Federal Judge Dismisses Claims As Untimely In Franchise Agreement Dispute
OAKLAND, Calif. - A California federal judge on Dec. 12 held that a franchisee's breach of contract, bad faith and unfair business practices in violation of California Business and Professions Code Section 17200, Cal. Bus. & Prof. Code 17200, claims against a franchisor are untimely, further rejecting the franchisee's argument that the franchisor is estopped from relying on a statute of limitations defense (Power Quality & Electrical Systems, Inc., et al. v. BP West Coast Products LLC, No. 16-04791, N.D. Calif., 2017 U.S. Dist. LEXIS 204410).



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.).