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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 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.).



Panel Affirms Denial Of Injunction In RightFax Trademark Dispute
LOS ANGELES - A California appeals panel on Aug. 24 affirmed a trial court's decision to grant an injunction enjoining a software services company from using the RightFax trademark, finding that the owner of the mark failed to show that it would likely succeed on the merits of its claims for violation of California's unfair competition law (UCL) and trademark infringement (Instant InfoSystems Inc. v. Open Text Inc., No. B276691, Calif. App., 2nd Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5889).



Judge Grants Discovery Request Related To Illegal Amazon, EBay Sales
SAN FRANCISCO - A California federal judge on Sept. 1 granted a motion filed by a distributor of trademarked and copyrighted products and designs that alleges that a retailer violated trademark law and California's unfair competition law (UCL) by selling counterfeited items online, granting its request for limited discovery from online retailers regarding the defendant's sales and aliases (Jessie Steel, Inc. v. Linda Ann Henderson, No. 17-cv-02179, N.D. Calif., 2017 U.S. Dist. LEXIS 142167).



Judge Dismisses Claims Related To Infringement Of Jewelry Trademarks
SAN FRANCISCO - After finding a lack of federal and subject matter jurisdiction, a California federal judge on Sept. 8 granted a jewelry maker's motion to dismiss claims related to alleged intellectual property infringement but granted a jeweler leave to file a third amended complaint to assert claims for violation of the Declaratory Judgment and Lanham acts (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 145865).



Judge Finds No Support For Drugmaker's UCL, Antitrust Claims
SACRAMENTO, Calif. - After finding that a biotechnology company failed to show that it is a current or potential competitor of a company that uses the same pharmaceutical ingredient in its product, a California federal judge on Sept. 12 dismissed its claims for violation of California's unfair competition law (UCL) and other causes of action (Ixchel Pharma LLC v. Biogen Inc., No. 2:17-00715, E.D. Calif., 2017 U.S. Dist. LEXIS 147742).



Judge Rejects Request To Disqualify Counsel In Town Center Development Dispute
SACRAMENTO, Calif. - A California federal judge on Sept. 14 denied a developer's request to disqualify counsel hired by a tenant who asserts claims for breach of contract and violation of California's unfair competition law (UCL) in relation to two leases, finding that the counsel did not complete any ongoing work for the developer after obtaining the tenant as a client (Regal Cinemas Inc. v. Shops at Summerlin North LP, et al., No. 2:16-cv-02854, E.D. Calif., 2017 U.S. Dist. LEXIS 149497).



Judge Refuses To Dismiss Pricing Scheme Claims Against Ralph Lauren
SAN DIEGO - A California federal judge on Aug. 29 found that a consumer who asserted proposed class action claims related to a retailer's pricing lacked standing under California's unfair competition law (UCL) to obtain injunctive relief but allowed other claims asserted under the UCL and for false advertising to proceed (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).



Settlement Agreements With Ford Over Trucks Were Valid, Judge Rules
OAKLAND, Calif. - After finding that two purchasers of vehicles entered valid settlements with a vehicle maker in relation to the return of their trucks, a California federal judge on Sept. 13 granted summary judgment in favor of the dealer on all of the buyers' claims, including violation of California's unfair competition law (UCL) (Michael J. Sansoe, et al. v. Ford Motor Co., No. 13-cv-5043, N.D. Calif., 2017 U.S. Dist. LEXIS 148617).



Judge Refuses To Strike Class Allegations, Finds UCL Claims Are Representative
SAN FRANCISCO - Since a construction company seeks to assert claims for violation of California's unfair competition law (UCL) as representative claims under state law, rather than as class claims under federal law, a California federal judge on Sept. 12 denied an insurer's motion to strike parts of the company's complaint filed against it in relation to its issuance of general liability insurance policies (Albert D. Seeno Construction Company, et al. v. Aspen Insurance UK Limited, No. 17-cv-03765, N.D. Calif., 2017 U.S. Dist. LEXIS 147646).



Judge Says It's Too Early To Dismiss Energy Firm's Claims Related To Billing
SAN FRANCISCO - Applying the reasoning in a nearly identical lawsuit, a California federal judge on Sept. 8 refused to dismiss an energy provider's claims for violation of the Racketeer Influenced and Corrupt Organizations Act and California's unfair competition law (UCL) in relation to a gas and electric company's alleged unlawful billing practices (Vista Energy Marketing v. Pacific Gas & Electric Company, et al., No. 16-cv-04019, N.D. Calif., 2017 U.S. Dist. LEXIS 145911).



Dealer Did Not Breach UCL In Charging Fees, Federal Judge Rules
OAKLAND, Calif. - After finding that the lessor of a vehicle failed to show that a dealership breached a lease agreement with him, a California federal judge on Sept. 1 dismissed his claims for violation of California's unfair competition law (UCL) and dismissed cross-claims asserted by another dealer that was alleged to have accepted assignment of the lease contract (Weerachai Chaiwong v. Hanlees Fremont Inc., et al., No. 16-cv-04074, N.D. Calif., 2017 U.S. Dist. LEXIS 142318).



Judge: UCL Claims Against Wells Fargo For Collection Of Interest Can Stand
OAKLAND, Calif. - After finding that the majority of a borrower's claims for violation of California's unfair competition law (UCL) in relation to a bank's collection of mortgage post-payment interest were properly pleaded, a California federal judge on Sept. 11 denied the majority of the bank's motion to dismiss the borrower's complaint (Vana Fowler v. Wells Fargo Bank, N.A., No. 17-cv-02092, N.D. Calif., 2017 U.S. Dist. LEXIS 146732).



Judge Dismisses RICO Claims, Finds Lenders Did Not Defraud Company
SAN DIEGO - After finding that lenders did not intentionally defraud a company in relation to payments for insurance and taxes that were not made into an escrow account, California federal judge on Aug. 30 dismissed the company's claims for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) (Crescenzo 1, L.P. v. Deutsche Bank National Trust, et al., No. 3:17-CV-1018, S.D. Calif., 2017 U.S. Dist. LEXIS 140186.)



Judge Finds Federal Court Has Jurisdiction Over UCL, Breach Of Contract Claims
SACRAMENTO, Calif. - After finding that complete diversity jurisdiction exists and that the amount in controversy requirement was met, a California federal judge on Sept. 5 refused to remand claims for violation of California's unfair competition law (UCL) and breach of contract asserted by borrowers against several banks (Katie Way, et al. v. JP Morgan Chase Bank, N.A., et al., No. 2:16-cv-02244, E.D. Calif., 2017 U.S. Dist. LEXIS 143421).



Panel Finds Wrongful Use Of Property Under Elder Abuse Act, Reverses Ruling
SAN FRANCISCO - A California appeals panel on Aug. 23 reversed and remanded a lower court's decision that dismissed claims for negligence and violation of California's unfair competition law (UCL), finding that insureds sufficiently alleged that their insurable interest was a property right under the Elder Abuse and Dependent Adult Civil Protection Act (Frederick Mahan, et al. v. Charles W. Chan Insurance Agency, Inc., et al., No. A147236, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 507).



Judge Remands UCL Claims Against Makers Of Feather Products To California Court
LOS ANGELES - After finding that the makers of down feather products failed to show that claims asserted by a former employer for violation of California's unfair competition law (UCL) and other causes of action did not meet the amount in controversy requirements to maintain federal jurisdiction, a California federal judge on Aug. 28 remanded the case to state court (Maria Serrano v. Pacific Coast Feather Cushion Co., et al., No. 17-4414, C.D. Calif., 2017 U.S. Dist. LEXIS 138153).



Judge Remands UCL Claim To California Court For Lack Of Jurisdiction
OAKLAND, Calif. - After finding that no federal question jurisdiction existed, a California federal judge on Aug. 22 granted a motion filed by borrowers to remand their claims for violation of California's unfair competition law (UCL) against a mortgage company to a state court (Francisco Nanclares, et al. v. RPM Mortgage Inc., No. 16-cv-07188, N.D. Calif., 2017 U.S. Dist. LEXIS 134392).



Final Approval Granted In Faulty BMW Convertible Tops Class Suit Settlement
NEWARK, N.J. - A New Jersey federal judge on Aug. 24 granted final approval of a settlement reached between BMW of North America LLC and BMW Aktiengesellschaft and owners of certain BMW convertibles with allegedly faulty tops that will provide repairs, an extended warranty and reimbursement of out-of-pocket expenses (Robert Gray, et al. v. BMW of North America, LLC, et al., No. 13-3417, D. N.J., 2017 U.S. Dist. LEXIS 135593).



California Yoga Studios Owner To Settle Instructors' Wage Claims For $1.4M
OAKLAND, Calif. - A California federal judge on Sept. 11 granted preliminary approval of a $1.4 million settlement to be paid by the owner of California yoga studios that is accused of failing to fully compensate its instructors for all work and failing to provide overtime, meal and rest breaks (Shauna Barnard v. CorePower Yoga LLC, No. 16-3861, N.D. Calif., 2017 U.S. Dist. LEXIS 146745).



Admitted Expert Opinions Doom Woman's Class Action Over Gingko Biloba Supplements
SAN DIEGO - A consumer cannot pursue a class action alleging that product claims on the label for nutritional supplements are false because admitted expert testimony that scientific evidence supports the claims on the label precludes the consumer's claims, a California federal judge ruled Aug. 23 after denying the consumer's bid to exclude the expert opinions (Tatiana Korolshteyn v. Costco Wholesale Corporation, et al., No. 15-709, S.D. Calif., 2017 U.S. Dist. LEXIS 135303).



Class Claims Over Yahoo Data Breaches Partly Dismissed By Federal Judge
SAN JOSE, Calif. - In a detailed 93-page ruling, U.S. Judge Lucy H. Koh of the Northern District of California on Aug. 30 dismissed some of the claims in a consolidated putative class action over large-scale data breaches experienced by Yahoo Inc., with some unfair competition and breach of contract claims surviving (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.; 2017 U.S. Dist. LEXIS 140212).