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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®



 



9th Circuit Finds Member Of Gym Consented To Receiving Text Messages
PASADENA, Calif. - After finding that a member of a gym expressly consented to receiving text messages and that he lacked standing to assert violations of California business and professions codes, the Ninth Circuit U.S. Court of Appeals on Jan. 30 affirmed a summary judgment ruling for the owners of the gym and its marketing firm (Bradley Van Patten v. Vertical Fitness Group LLC, et al., No. 14-55980, 9th Cir., 2017 U.S. App. LEXIS 1591).



Judge Dismisses UCL Claims Against Costco And Producer Of Prawns
SAN FRANCISCO - A California federal judge on Jan. 24 dismissed proposed class action claims for violation of California's unfair competition law (UCL) and other claims, finding that a consumer failed to show that she purchased prawns from a retailer that were provided by two food product companies that produced the prawns using illegal labor practices (Monica Sud, et al. v. Costco Wholesale Corporation, et al., No. 15-cv-03783, N.D. Calif.; 2017 U.S. Dist. LEXIS 9943).



Federal Judge Finds Tenants Lack Standing To Sue Real Estate Trust
SAN JOSE, Calif. - A California federal judge on Jan. 20 dismissed class action claims for violation of California's unfair competition law (UCL), negligence and other causes of action related to a data breach of a real estate trust's computer system, finding that former tenants of the trust's property failed to show that they had standing to sue (Mark Foster, individually and on behalf of all others similarly situated, v. Essex Property Inc., No. .5:14-cv-05531, N.D. Calif.; 2017 U.S. Dist. LEXIS 8373).



Judge Refuses To Dismiss Claims Arising From Diminished Timeshare Values
SACRAMENTO, Calif. - After finding that the owners of interests in timeshare units at Lake Tahoe pleaded sufficient facts to support their claims for violation of California's unfair competition law (UCL) and other claims in relation to a diminished value in the properties, a California federal judge on Feb. 13 denied a motion filed by the owners and managers of the complex to dismiss the case (Thomas F. Reiser Jr., et al. v. Marriott Vacations Worldwide Corporation, No. 2:16-cv-00237, E.D. Calif., 2017 U.S. Dist. LEXIS 20127).



Federal Judge Remands Company's UCL Claims Related To Trademark
OAKLAND, Calif. - A California federal judge on Feb. 10 granted an exclusive licensee's motion to remand its claims for violation of California's unfair competition law (UCL) and other claims related to the alleged unauthorized use of a trademark, finding that it did not waive its right to remand the action (SWC Inc. v. Elite Promo Inc., No. 16-cv-07071, 2017 U.S. Dist. LEXIS 19513).



Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products
SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).



Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially
LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).



Judge Finds Truck Drivers Cannot Claim Damages Under Safe Harbor Provision
FRESNO, Calif. - A California federal judge on Feb. 15 issued his findings of fact and conclusions of law on causes of action asserted by truck drivers in relation to wage and rest break claims, finding that judgment should be entered in favor of a transport company on all of its claims (Todd Shook, et al. v. Indian River Transport Co., No. 1:14-1415, E.D. Calif., 2017 U.S. Dist. LEXIS 21522).



Judge Remands Class Claims Against Courier For Lack Of Jurisdiction
SAN FRANCISCO - A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).



Wal-Mart Drivers Granted UCL Restitution In Minimum Wage Class Suit
SAN FRANCISCO - A California federal judge on Jan. 25 granted in part a post-trial motion filed by a class of Wal-Mart Stores Inc. drivers who successfully brought minimum wage claims against their employer and awarded the plaintiffs nearly $5.9 million in restitution under California's unfair competition law (UCL) (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-5221, N.D. Calif., 2016 U.S. Dist. LEXIS 10510).



9th Circuit: Company Raised Material Triable Issues In Misappropriation Case
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Jan. 30 affirmed in part and reversed in part a lower court finding in a trade secrets case, holding that a company's alleged misappropriation of certain documents was a material triable issue (Contemporary Services Corporation v. Landmark Event Staffing Services, Inc., et al. No. 14-56636, 9th Cir., 2017 U.S. App. LEXIS 1614).



California Court Finds No Facts To Support Claims Stemming From Loan Assignments
SACRAMENTO, Calif. - A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew Kalnoki, et al. v. First American Trustee Servicing Solutions, LLC, et al., Nos. C073207, C075062, C079144, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 74).



Federal Judge Remands Claims Related To Loan Modification Request
LOS ANGELES - A California federal judge on Jan. 24 granted a borrower's motion to remand his lawsuit in which he asserted numerous causes of action against a lender related to the denial of a loan modification, finding that the court lacked jurisdiction (David L. Tripp II v. Nationstar Mortgage LLC, No. 8:16-cv-1414, C.D. Calif.; 2017 U.S. Dist. LEXIS 9922).



Court Reverses Order Striking Voluntary Dismissal, Affirms Award Of Fees
SAN DIEGO - A California appeals court on Jan. 20 affirmed a trial court's decision to award a mortgage company fees it incurred and an award of sanctions but reversed a ruling that the trial court lacked jurisdiction to strike her voluntary dismissal and enter judgment against her (Gwendolyn Wilson v. Nationstar Mortgage LLC, No. D070965, Calif. App., 4th Dist., Div. 1; 2017 Cal. App. Unpub. LEXIS 431).



Federal Judge Allows Borrower's Foreclosure- Related Claims To Proceed
SACRAMENTO, Calif. - After finding that claims asserted by borrowers whose property was sold at a trustee's sale even though they allegedly received assurances from lenders that the loan was current were sufficiently pleaded, a California federal judge on Feb. 14 denied a lender's motion to dismiss the case (Charles Hawkins, et al. v. Bank of America N.A., et al., No. 2:16-cv-00827, E.D. Calif., 2017 U.S. Dist. LEXIS 20912).



9th Circuit Upholds Class Certification In Credit Card Processing Dispute
SAN FRANCISCO - A California federal court did not abuse its discretion in certifying two classes in a lawsuit accusing the lessors of "point of sale" credit and debit processing equipment of scheming to defraud small businesses, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 7 (Just Film, Inc., et al. v. Sam Buono, et al., No. 14-16132, Rainbow Business Services, DBA Prevision Tune Auto Care, et al. v. Sam Buono, et al., No. 14-16133, 9th Cir., 2017 U.S. App. LEXIS 2164).



$67 Million Settlement Approved In Suit Over Allegedly Defective Solar Panels
SAN FRANCISCO - A California federal judge on Dec. 22 granted final approval of a settlement by BP Solar International Inc. and Home Depot U.S.A. Inc. that is valued at more than $67 million, to end a class suit accusing the companies of marketing and selling defective solar panels (Michael Allagas, et al. v. BP Solar International, Inc., et al., No. 14-560, N.D. Calif.).



Coconut Water Labeling Changes Reached To Settle Class Complaint
CENTRAL ISLIP, N.Y. - Harmless Harvest Inc., according to a motion for preliminary settlement approval filed Dec. 27 in the U.S. District Court for the Eastern District of New York, has agreed to remove the wording from its packages that indicates that its coconut water products are "100% Organic" and "Raw" in order to settle a class complaint accusing it of misrepresenting its products on its labels (Guoliang Ma, et al. v. Harmless Harvest, Inc., No. 16-7102, E.D. N.Y.).



Data Breach Class Action Filed On Behalf Of Yahoo Small Business Clients
SAN JOSE, Calif. - A customer of Yahoo! Inc.'s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers' personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).



9th Circuit Vacates Ruling, Remands For Reconsideration Of Sanction
PASADENA, Calif. - After finding that a district court failed to consider certain factors when it imposed a sanction and excluded testimony in relation to an advertisement that products met military standards, the Ninth Circuit U.S. Court of Appeals on Dec. 14 vacated a court's dismissal of a plastics company's claims for violation of California's unfair competition law (UCL) and false advertising (Caltex Plastics Inc. v. Shannon Packaging Co., No. 15-55942, 9th Cir.; 2016 U.S. App. LEXIS 22204).



9th Circuit Finds Contractor Had No Payment Liability Under California Law
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Jan. 3 affirmed a district court's decision to dismiss an environmental firm's claims related to a consulting contract for environmental work related to a proposed rail project, finding that a contractor was not liable under California law for certain payment obligations (Ultrasystems Environmental Inc. v. STV Inc., No. 15-55215, 9th Cir.; 2017 U.S. App. LEXIS 37).



Judge Finds Domino's Did Not Misappropriate Trade Secrets Or Violate UCL
SAN FRANCISCO - After finding that a wireless communications company failed to show the reasonable efforts necessary to maintain its claim for misappropriation of trade secrets and failed to plead facts to support its cause of action for violation of California's unfair competition law (UCL), a California federal judge on Jan. 6 granted a pizza franchise's motion to dismiss the claims against it (Prostar Wireless Group LLC v. Domino's Pizza Inc., No. 3:16-cv-05399, N.D. Calif.; 2017 U.S. Dist. LEXIS 2999).



Judge Finds California Law Provision In Facebook Terms Is Enforceable
SAN FRANCISCO - After finding that a California choice-of-law clause in Facebook Inc.'s terms of service is enforceable, a California federal judge on Jan. 9 granted the social media's company's motion to dismiss claims for violation of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) (Jose Palomino, et al. v. Facebook Inc., No. 16-cv-04230, N.D. Calif.; 2017 U.S. Dist. LEXIS 2971).



Judge Finds No Facts To Support False Advertising Claims Against Ralph Lauren
SAN DIEGO - A California federal judge on Dec. 20 granted a clothing retailer's motion to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims for false advertising in relation to its pricing, finding that she failed to allege facts to support her class action claims (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).



Judge Grants Stein Mart's Motion To Compel On 'Compare At' Claims
RIVERSIDE, Calif. - A California federal judge on Jan. 10 granted a retailer's motion to compel supplemental responses to certain discovery requests from a purchaser who asserts claims for violation of California's unfair competition law (UCL), false advertising and other claims related to its pricing (Marilyn Sperling v. Stein Mart Inc., et al., No. 15-1411, C.D. Calif.; 2017 U.S. Dist. LEXIS U.S. Dist. LEXIS 3668).



Judge Finds No Jurisdiction Over Rental-Related Claims Against Landlord
SACRAMENTO, Calif. - After finding that a tenant's single federal claim failed, a California federal judge on Jan. 3 dismissed claims for violation of California's unfair competition law (UCL) and the Rehabilitation Act against a landlord for lack of jurisdiction (Angelica Francis v. Accessible Space Inc., et al., No. 2:16-cv-1016, E.D. Calif.; 2017 U.S. Dist. LEXIS 425).



Judge Finds UCL Claims Against Wells Fargo Fail For Lack Of Standing
SAN FRANCISCO - After finding that two borrowers failed to adequately plead their claims for violation of California's unfair competition law (UCL) and negligence, a California federal judge on Jan. 10 granted a motion to dismiss filed by Wells Fargo Bank N.A. (Michelle A. Graham, et al. v. Wells Fargo Bank, N.A., No. 3:15-cv-04220. N.D. Calif.; 2017 U.S. Dist. LEXIS 3598).



Federal Judge Dismisses UCL Claim Against MERS For Failure To Amend
SAN FRANCISCO - After finding that a borrower failed to amend her claims for violation of California's unfair competition law (UCL) and declaratory relief, a California federal judge on Jan. 3 granted a motion to dismiss a second amended complaint against lenders in relation to a mortgage (Modesta Jacinto v. Ditech Financial LLC, et al., No. 16-cv-02815, N.D. Calif.; 2017 U.S. Dist. LEXIS 1012).



Judge Allows Deutsche Bank To Amend Claims Related To Default Notices
SAN DIEGO - A California federal judge on Jan. 5 granted a bank's request to assert counterclaims against borrowers and to add various counterdefendants to an action in which property owners assert claims for violation of California's unfair competition law (UCL), the Truth in Lending Act (TILA) and other causes of action, finding that amendment would not prejudice the claimants (Rick J. Hinrichsen, et al. v. Quality Loan Service Corporation, et al., No. 16cv0690, S.D. Calif.; 2017 U.S. Dist. LEXIS 1670).



Magistrate Recommends Dismissal Of Foreclosure-Related Claims Against Loan Servicer
SACRAMENTO, Calif. - After finding no evidence to support a borrower's claims for wrongful foreclosure and violation of California's unfair competition law (UCL), a California federal magistrate judge on Dec. 22 recommended that his claims against a loan servicer be dismissed without leave to amend (Timothy Mulgrew Jr. v. Green Tree Servicing LLC, et al., No. 2:14cv2998, E.D. Calif.; 2016 U.S. Dist. LEXIS 177715).



Federal Judge Transfers Employee's Class Claims Against Food Group
SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).



Tesla Owner Claims Model X Vehicles Automatically Accelerate
SANTA ANA, Calif. - An owner of a 2016 Model X filed a class complaint on Dec. 30 against Tesla Motors Inc., accusing the company of making faulty vehicles after he and his son were injured when his vehicle allegedly accelerated on its own while he was pulling into his garage (Ji Chang Son, et al. v. Tesla Motors, Inc., No. 16-2282, C.D. Calif.).



California High Court Reverses Remand Of Class Action For Recalculation Of APRs
LOS ANGELES - The California Supreme Court on Dec. 15 partially reversed a judgment by a court of appeal to the extent it directed the trial court to hold further proceedings on a class's claims under the Rees-Levering Motor Vehicle Sales and Finance Act, but affirmed a decision that a dealership's practice of backdating contracts did not violate the Automobile Sales Finance Act (ASFA) (Raceway Ford Cases, Nos. E054517, E056595, Calif. App., 4th Dist., Div. 2; 2014 Cal. App. LEXIS 842).



Court Rejects Appeal Of New Trial For Mercedes On Defect Claim
LOS ANGELES - A California appellate court on Dec. 13 found that a trial court did not err when it granted a motion filed by Mercedes-Benz USA Inc. for a new trial in relation to a jury verdict issued in favor of the purchaser of an allegedly defective vehicle, finding that she failed to unequivocally prove that she qualified for a revocation remedy under the Song-Beverly Act (Wassan Benny v. Sonic Santa Monica M., Inc., et al., No. B265677, Calif. App., 2nd Dist., Div. 8).



9th Circuit Finds Company Did Not Falsely Advertise Specification
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 13 found that a corporation that makes plastics failed to show that a company falsely advertised that its product met a military specification, affirming dismissal of its claims for violation of California's unfair competition law (UCL) and false advertising (Caltex Plastics v. Elkay Plastics Company Inc., No. 15-55331, 9th Cir.; 2016 U.S. App. LEXIS 22134).



Judge Enters Default Ruling, Awards Investor $1.07M In Damages
LOS ANGELES - After finding that an investor adequately pleaded that financial advisers deliberately made misrepresentations and concealed information about the risks associated with investments, a California federal judge on Dec. 9 entered a default ruling in her favor for $1,070,972.88 (Julie Marshall v. Platinum Global Advisors, LLC, et al., No. 16-672, C.D. Calif.; 2016 U.S. Dist. LEXIS 171588.)



Judge Finds UCL Claims Against Diamond Importer Are Preempted Under CUTSA
SAN FRANCISCO - A California federal judge on Nov. 22 dismissed counterclaims for violation of California's unfair competition law (UCL) and misappropriation of trade secrets in relation to an Indian diamond importer's use of a confidential customer list, finding that the claims were displaced under California's Uniform Trade Secrets Act (CUTSA) (Kapu Gems, et al. v. Diamond Imports Inc., et al., No. 15-cv-03531, N.D. Calif.; 2016 U.S. Dist. LEXIS 162128).



Judge Dismisses UCL Claim In Dispute Over Technology For Taxi Payments
SAN FRANCISCO - A California federal judge on Dec. 6 granted a technology company's motion to dismiss a counterclaim asserted by the maker of a mobile application that allows for credit card payments to taxicab drivers, finding no facts to support its claim for violation of California's unfair competition law (UCL) (Creative Mobile Technologies LLC v. Flywheel Software Inc., No. 16-cv-02560, N.D. Calif.; 2016 U.S. Dist. LEXIS 168569).



Judge Refuses To Dismiss UCL Claim Against Condo Owner For Discrimination
SAN DIEGO - After finding that the residents of a condominium complex alleged facts to support violations of California's unfair competition law (UCL), a California federal judge on Dec. 12 refused to dismiss the UCL claim, but granted the motion as to a request for punitive damages (Melody Chapman, et al. v. The Bluffs of Fox Run Homeowners Association, No. 16-cv-489, S.D. Calif.; 2016 U.S. Dist. LEXIS 171537).



9th Circuit Affirms Dismissal Of UCL And Antitrust Claims Against Bank
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 14 affirmed a court's dismissal of claims for violation of California's unfair competition law (UCL) and for violation of the Sherman Act against several banks, finding that some of a borrower's claims could not be based on vicarious liability and that she lacked standing (Helen Galope v. Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR4, No. 15-55246, 9th Cir.; 2016 U.S. App. LEXIS 22210).



9th Circuit Finds No Support For Borrower's UCL And Negligence Claims
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 23 affirmed a district court's decision to dismiss claims for negligence and violation of California's unfair competition law (UCL), finding that a borrower's claims related to the transfer of his mortgage lacked legal or factual support (George M. Kramer v. Quality Loan Servicing Corporation, et al., No. 14-15973, 9th Cir.; 2016 U.S. App. LEXIS 21096).



California Court Finds Borrower Lacked Standing To Challenge Foreclosure
LOS ANGELES - After finding that a borrower failed to show that he had standing to challenge the foreclosure of a property, a California court on Dec. 12 affirmed a trial court's decision to grant a demurrer in favor of Citibank N.A. (Marc I. Rosenthal v. Citibank N.A., et al., No. B263465, Calif. App., 2nd Dist., Div. 7; 2016 Cal. App. Unpub. LEXIS 8947).



Federal Judge Allows Borrower To Amend Claims Against Loan Servicer
SAN FRANCISCO - A California federal judge on Dec. 5 dismissed claims for wrongful foreclosure and violations of the California civil code against two mortgage-related entities but granted a borrower leave to file a second amended complaint against one lender in relation to the foreclosure of her property (Sadie S. Shaw v. Ocwen Loan Servicing LLC, et al., No. 15-cv-01755, N.D. Calif.; 2016 U.S. Dist. LEXIS 167720).



Judge Finds Company Failed To Show Competitor Controls Energy Drink Market
LOS ANGELES - A California federal judge on Oct. 26 ruled that a beverage company's claims for violation of California's unfair competition law (UCL) and other claims against a competitor in relation to the sale of energy drinks in the Military Resale System should be dismissed, finding nothing to support a decision that it was controlling the market and that the allegations contained inconsistencies (Hip Hop Beverage Corp. v. Monster Energy Company, et al., No. 2:16-CV-1421, C.D. Calif.; 2016 U.S. Dist. LEXIS 167077).



Judge Enters Default Ruling On Claims For Illegal Broadcast
SAN JOSE, Calif. - After the owners of a restaurant where a televised event was allegedly illegally broadcast failed to respond to claims for violation of California's unfair competition law (UCL) and other claims, a California federal judge on Nov. 28 entered a default ruling in favor of a production company (J&J Sports Productions Inc. v. Manuel Gonzalez, et al., No. 5:16-cv-02284, N.D. Calif.; 2016 U.S. Dist. LEXIS 163717).



Judge Finds Employment Claims Are Not Arbitrable, Agreement Is Unenforceable
SAN FRANCISCO - Considering the recent ruling in Morris v. Ernst & Young (834 F.3d 975 [9th. Cir. 2016]), a California federal judge on Nov. 16 found that a class action waiver in an employment-related arbitration agreement was unenforceable under the National Labor Relations Act (NLRA) (Ravi Whitworth v. Solarcity Corp., No. 16-cv-01540-JSC, N.D. Calif.; 2016 U.S. Dist. LEXIS 158903).



Court Affirms Dismissal Of Employment Claims Against Youth Services
SAN DIEGO - A California court on Nov. 14 affirmed a trial court's decision that San Diego Youth Services (SDYS) did not wrongfully terminate an employee's position and dismissed her claims for violation of the California Labor Code and the state's unfair competition law (UCL), finding that the record on appeal was incomplete (Diane Daniels v. San Diego Youth Services, No. D069401, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 8367).



Summary Judgment For Purina Is Granted In Alleged Toxic Pet Food Case
SAN FRANCISCO - A California federal judge on Nov. 17 granted a summary judgment motion filed by Nestle Purina Petcare Co. and ordered the file closed in a proposed class complaint accusing the pet food maker of using toxic substances in its Beneful brand dog food (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 15-569, N.D. Calif.; 2016 U.S. Dist. LEXIS 159569).



Judge Dismisses Suit Over Jeans 'Made In' Labeling, Allows Plaintiff To Amend
SAN DIEGO - A California federal judge on Dec. 6 granted a motion to dismiss a class complaint accusing a jeans manufacturer of falsely advertising its jeans as "Made in the U.S.A." when components come from other countries but gave the plaintiff more than a month to file an amended complaint containing additional information (Coni Hass, et al. v. Citizens of Humanity, LLC, et al., No. 14-1404, S.D. Calif.; 2016 U.S. Dist. LEXIS 168618).



Candy Worker's 2 Individual Wage Claims Reinstated, Class Claims Rejected
SAN DIEGO - A candy company former employee who filed a wage and hour class complaint against her former employer may proceed only with two of her individual claims, the Fourth District California Court of Appeal, Division I, ruled Dec. 9, upholding summary judgment for the employer on the other remaining causes of action, including the class claims (Pamela Silva v. See's Candy Shops, Inc., No. D068136, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 8895).



Yahoo Data Breach Lawsuits Consolidated In California Federal Court
SAN JOSE, Calif. - Five putative class actions against Yahoo! Inc. related to a data breach the internet giant announced in September were consolidated in the U.S. District Court for the Northern District of California by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) in a Dec. 7 transfer order (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).