A plaintiff may state a viable CLRA claim based on the defendant's nondisclosure in any of the four circumstances that Limandri allows a fraud claim based on nondisclosure. Here, plaintiff states a viable CLRA claim based on the defendant hospital's failure to disclose to emergency room patients that it would charge an evaluation and management services fee that could amount… Read More
The district court correctly dismissed this suit, invoking Younger abstention. Plaintiff sought to enjoin the defendant district attorney from prosecuting it in state court for employing a vendor to make harassing collection calls in violation of state law. The four Younger factors all weighed in favor of abstention. The state action was ongoing as no proceedings of substance had yet… Read More
Under the 2019 Tenant Protection Act (Civ. Code 1946.2), a landlord may not terminate the tenancy of a tenant who has occupied the premises for more than 12 months absent "just cause." Under section 1946.2(b)(1)(K), "just cause" includes the tenant failing to move out after having given the landlord written notice of the tenant's intention to terminate the tenancy or… Read More
The trial court correctly granted defendant's anti-SLAPP motion to strike plaintiff's Rosenthal Fair Debt Collection Practices Act suit because plaintiff could not show a likelihood of prevailing on the claim. Civ. Code 1788.17 incorporates provisions of the federal Fair Debt Collection Practices Act, including 15 USC 1692e which forbids false statements in attempts to collect debts and misrepresentation of the… Read More
The trial court correctly granted defendant's anti-SLAPP motion to strike plaintiff's Rosenthal Fair Debt Collection Practices Act suit because plaintiff could not show a likelihood of prevailing on the claim. Civ. Code 1788.17 incorporates provisions of the federal Fair Debt Collection Practices Act, including 15 USC 1692e which forbids false statements in attempts to collect debts and misrepresentation of the… Read More
Neither a doctor nor his medical practice were "debt collectors" within the meaning of the Rosenthal FDCPA, as the doctor and medical practice did not regularly engage in the business of debt collection but instead hire third party billing services to bill and collect for their medical services. To be regularly engaged in the business of debt collection, a person… Read More
The trial court did not abuse its discretion in entering a preliminary injunction under the CLRA against defendants continuing to sell puppies which they falsely claimed were healthy but in fact were not and died in many cases within days after sale. Defendants' main argument on appeal was that the evidence didn't show that they sold the puppies that plaintiffs'… Read More
Civ. Code 1962 requires a residential landlord to give the tenant notice of the name, phone number and street address of each owner and manager of the premises and to update that information if it changes, as by sale of the property to a new owner. The statute forbids service of a notice to quit or commencement of an unlawful… Read More
Though not limited by US Const. Art. III case or controversy standing requirements, California court apply prudential standing requirements. Absent a statutory grant of standing to represent the general public, a plaintiff must generally show that he has a beneficial interest in the claim he pursues. A statute like FCRA that allows for statutory damages that are intended to compensate… Read More
Landlord's taking possession of premises and re-leasing it to a third party did not moot defendant's appeal from denial of its motion to set aside the default judgment in the landlord's unlawful detainer against it. The appellate court could still grant relief in the form of restitution under CCP 908 either in kind (i.e., restoration of possession) or in money. Read More
Reversing an Anti-SLAPP order striking plaintiff's complaint, this decision holds that Civ. Code 1788.17 incorprates into the Rosenthal Fair Debt Collection Practices Act, the strict liability standard of 15 USC 1692(e) for false statements made in collecting a debt or regarding the legal status of the debt. Thus, the debt collector may be held liable under the Rosenthal Act for… Read More
Following Sonner v. Premier Nutrition Corp. (9th Cir. 2020) 971 F.3d 834, this decision holds that even in a diverity case, a federal court may exercise equitable jurisdiction only if the plaintiff has no adequate legal remedy. Here, plaintiff's remedies under the UCL were all equitable, and the federal court lacked equitable jurisdiction over them because the CLRA offered the… Read More
Plaintiff stated viable UCL and CLRA claims against Walmart based on its deceptive advertising of its "white baking chips." A reasonable consumer was likely to think, wrongly, that the product contained chocolate because the product was formed into chips that looked like chocolate chips, they were called "white" which could be understood as short for white chocolate, and were placed… Read More
Plaintiff stated viable UCL and CLRA claims against Target based on its deceptive advertising of its "white baking chips." The product's price tag said "WHT CHOCO" while the product's label didn't clearly say whether the white baking chips contained or did not contain chocolate. A reasonable consumer could read the price tag and believe that the chocolate chip-like white baking… Read More
LA's COVID-19 Eviction Moratorium Ordinance which banned evictions for reasons other than the tenant's fault was not preempted by state law. A demurrer was properly sustained to the owner's unlawful detainer action which alleged no tenant default but instead claimed the owner wanted to move into the unit himself. Read More
Following ZF Micro Devices, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5th 69, this decision holds that the filing of the complaint tolls the statute of limitations for all claims the defendant pleads in a cross-complaint, whether compulsory or permissive, so long as the cross-claim was not time-barred at the time the complaint was filed. This limitations tolling doctrine… Read More
The trial court correctly denied defendants' Anti-SLAPP motion to strike plaintiff's claims under the UCL and CLRA based on defendants' allegedly false statements in releases or other statements and advertisements that Michael Jackson was the lead artist on all tracks in a posthumous CD. Even if the defendants' statements were protected speech under CCP 425.16(e), plaintiff showed a probability of… Read More
Following Gray v. Dignity Health (2021) 70 Cal.App.5th 225, this decision holds that a hospital does not violate the CLRA if it discloses its emergency room evaluation and management services fee in its on-line chargemaster list of fees. No additional signage or disclosure of the EMS fee is required. Any requirement of the sort would impair the Legislature's and Congress'… Read More
Following Gray v. Dignity Health (2021) 70 Cal.App.5th 225, this decision holds that a hospital does not violate the CLRA if it discloses its emergency room evaluation and management services fee in its on-line chargemaster list of fees. No additional signage or disclosure of the EMS fee is required. Any requirement of the sort would impair the Legislature's and Congress'… Read More
This decision affirms the CFPB's judgment against CashCall under 12 U.S.C. § 5536(a)(1)(B) which prohibits unfair, deceptive or abusive acts or practices in consumer finance. CashCall made loans to consumers at rates that were usurious under the laws of the states where they resided, attempting to circumvent those laws by a choice of Indian tribal law in its loan agreements. … Read More
