Subscribe: LexisNexis® Mealey's™ California Section 17200 Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_californiasection17200.xml
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 Court Finds Airport Fees Were Not Collected In Violation Of UCL
LOS ANGELES - After finding that a payment-processing company and the city of Santa Monica did not unlawfully collect landing fees from aircraft owners, a California appeals court on June 22 affirmed a trial court's decision finding that they lacked standing to sue under California's unfair competition law (UCL) and that the owners failed to assert a viable cause of action for imposition of constructive trust (Top Gun, et al. v. Vector-US, Inc., et al., No. B268214, Calif. App., 2nd Dist., Div. 3, 2017 Cal. App. Unpub. LEXIS 4278).



Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling
LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).



Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act
SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement in relation to certain designs significantly threatened or harmed competition (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist. LEXIS 95000).



Judge Extends Deadline For Microwave Maker To Respond To Class Complaint
FRESNO, Calif. - A California federal judge on June 28 granted a microwave maker's application to extend a deadline for it to respond to a class action complaint in which consumers assert violations of California law, pending the outcome of a motion to transfer the case to another court (Erika Mendoza, et al. v. Electrolux Home Products Inc., No. 1:17-cv-00839, E.D. Calif., 2017 U.S. Dist. LEXIS 100440).



Judge Finds Circle K Stores Did Not Misrepresent Purchase Price Of Station
LOS ANGELES - A California federal judge on June 26 granted summary judgment in favor of a gas station franchisor on a franchisee's claims for violation of California's unfair competition law (UCL) fraud, finding that it could not find that the gas station owner misled the franchisee to believe that he would receive a certain purchase price for the property and that no genuine issues of fact existed as to whether a contract was breached (Mark Yi, as successor in interest to OE Sun Yi, v. Circle K Stores Inc., No. 16-2171, C.D. Calif., 2017 U.S. Dist. LEXIS 99547).



Judge Refuses To Strike Class Claims Against Macy's, Dismisses UCL, FAL Claims
OAKLAND, Calif. - After finding that consumers failed to assert claims related to pricing against retailers for violation of California's unfair competition law (UCL) and for false advertising with the required specificity, a California judge dismissed the majority of their claims but granted them leave to file an amended pleading (Kristin Haley, et al. v. Macy's Inc., et al., No. 15-cv-06033, N.D. Calif., 2017 U.S. Dist. LEXIS 105469).



Judge Finds PAGA Penalties Are Not Included Amount In Controversy
RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).



Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center
LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the amount in controversy will exceed $5 million (Maricela Reyes v. Carehouse Healthcare Center LLC, et al., No. 16-01159, C.D. Calif., 2017 U.S. Dist. LEXIS 103764).



Judge Enters Default, Awards Company $15,000 For Unlawful Broadcast
SAN DIEGO - A California federal judge on June 15 granted a sports broadcasting company's motion for a default judgment in relation to the unlawful broadcast by the owners of a restaurant of a boxing match, awarding it $15,000 in damages (J&J Sports Productions Inc. v. Ramon T. Gallegos, et al., No. 16-cv-950, S.D. Calif., 2017 U.S. Dist. LEXIS 92552).



Judge Refuses To Substitute Insurer As Defendant In UCL, Coverage Case
SAN DIEGO - A California federal judge on June 16 denied a request filed by a group of development companies to substitute an insurer as a defendant in an action seeking coverage in an underlying construction defects case, finding that the substitution would not advance the litigation and refusing to remand the case (Toll CA, L.P., et al. v. American Safety Indemnity Company, et al., No. 16-cv-1523, S.D. Calif., 2017 U.S. Dist. LEXIS 94107).



9th Circuit Finds Court Did Not Err In Dismissing UCL, Foreclosure Claims
SAN FRANCISCO - After finding that borrowers failed to show that two banks violated California's unfair competition law (UCL) or wrongfully foreclosed on their property, the Ninth Circuit U.S. Court of Appeals on July 13 affirmed a district court's dismissal of their complaint (Brock Williams, et al. v. Bank of America, N.A., No. 15-17335, 9th Cir., 2017 U.S. App. LEXIS 12565).



California Court Finds Borrower Lacked Standing To Assert UCL Claim
RIVERSIDE, Calif. - A California appeals court on June 16 affirmed a trial court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL), breach of contract and negligent misrepresentation, finding that he lacked standing and that he was not a party to any contract with the lender (Ronald Ferguson v. Bank of America, N.A., No. E064100, Calif. App., 4th Dist., Div. 2, 2017 Cal. App. Unpub. LEXIS 4124).



Judge Dismisses UCL, FDCPA Claims For Lack Of Standing To Challenge Assignment
SACRAMENTO, Calif. - A California federal judge on June 29 dismissed a borrower's claims for violation of California's unfair competition law (UCL), negligence and other claims, finding that she lacked standing to challenge an allegedly untimely assignment of the loan into a trust (Roberta Thrower v. Nationstar Mortgage LLC, et al., No. 2:17-00766, E.D. Calif., 2017 U.S. Dist. LEXIS 101520).



Panel Finds Borrower's Claims Against Wells Fargo Are Barred By Abatement
VENTURA, Calif. - A California appeals panel on June 28 affirmed a trial court's decision to sustain a bank's demurrer to a complaint filed by a former homeowner who sought to set aside a foreclosure, finding that she had already asserted identical claims in another lawsuit (Lynn Behrens Zimmerman v. Wells Fargo Bank, N.A., No. B275595, Calif. App., 2nd Dist., Div. 6, 2017 Cal. App. Unpub. LEXIS 4428).



Judge Orders Successors In Interest To File Motion To Substitute
SAN DIEGO - A California federal judge on July 12 refused to rule on a loan-servicing company's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA) until the parties move to substitute the deceased plaintiff with her successors in interest (Margarette Smith v. Specialized Loan Servicing LLC, No. 16cv2519, S.D. Calif., 2017 U.S. Dist. LEXIS 109002).



$142 Million Wells Fargo Unauthorized Account Settlement Is Preliminarily Approved
SAN FRANCISCO - A California federal judge on July 8 granted preliminary approval of a $142 million settlement to be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.; 2017 U.S. Dist. LEXIS 106294).



Brooks Brothers Sued By Customer Class Following Data Breach
LOS ANGELES - Brooks Brothers Group Inc. failed to take necessary measures to protect customers' personal data, including credit card numbers, exposing those customers to identity theft, a California man claims in his June 9 class complaint filed in the U.S. District Court for the Central District of California (Scott Ables, et al. v. Brooks Brothers Group, Inc., No. 17-4309, C.D. Calif.).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M
LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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