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UCL -- Bus. & Prof. Code § 17200

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In Norton v. Lvnv Funding, No. 18-cv-05051-DMR, 2019 U.S. Dist. LEXIS 146863, at *15-16 (N.D. Cal. Aug. 28, 2019), Magistrate Judge Ryu held that equivocal pleading of a debt's consumer nature survived an FRCP 12(b)(6) motion. Defendants essentially argue that a plaintiff's allegations about consumer debt must be unequivocal and ironclad in order to withstand a Rule 12 challenge. This… Read More

In Eiess v. Usaa Fed. Sav. Bank, No. 19-cv-00108-EMC, 2019 U.S. Dist. LEXIS 144026, at *2-4 (N.D. Cal. Aug. 23, 2019), Judge Chen ordered a class action plaintiff's individual claim to arbitration, and stayed the claim for public injunctive relief pending the outcome of Plaintiff's individual claim. The facts were as follows: Ms. Eiess is a customer of USAA and… Read More

In Solberg v. Victim Services, Inc, dba Corrective Solutions, 2018 WL 6567072 (N.D.Cal., 2018), Judge Chhabria certified an FDCPA class, but declined to award injunctive relief under the UCL because the putative class was unlikely to be the subject of further collection activity. The plaintiffs also seek restitutionary and injunctive relief under the UCL. As an initial matter, the plaintiffs… Read More

In de la Torre v. CashCall, LLC.,  2018 WL 3827233, at *1 (Cal., 2018), the California Supreme Court found that "nothing in California law prohibits a court from making an inquiry into the nature of a consumer loan agreement of at least $2,500 and the interest rate provided therein."   "As such, just because loans of at least $2,500 are not… Read More

In Chowning v. Kohl’s Department Stores, Inc., 2018 WL 3016908, at *1–2 (9th Cir.  2018), the Court of Appeals for the Ninth Circuit discussed the limited parameters of what is recoverable under California's UCL. Wendy Chowning appeals the district court’s grant of summary judgment to Kohl’s Department Stores, Inc. and Kohl’s Corporation (collectively “Kohl’s”) in her putative class action regarding… Read More

In Chaiwong v. Hanlees Fremont, Inc., 2017 WL 3838106 (N.D. Cal. Sept. 1, 2017), Judge Gilliam dismissed a Rosenthal Act/UCL claim filed against an automobile lender by a consumer and the dealer to whom the customer traded in their vehicle. The following facts are undisputed unless otherwise noted. Plaintiff leased a Chevrolet Equinox from Fremont Chevrolet on June 22, 2010.… Read More

In McGill v. Citibank, N.A., 2017 WL 1279700, at *1 (Cal., 2017), the California Supreme Court side-stepped whether the Broughton/Cruz rule survives Concepcion.  See Kilgore v. KeyBank, Nat. Ass'n, --- F.3d ----, 2012 WL 718344 (9th Cir. 2012) ("the Broughton–Cruz rule does not survive Concepcion because the rule “prohibits outright the arbitration of a particular type of claim”—claims for broad public… Read More

In Brooks v. Carmax Auto Superstores California, LLC, 2016 WL 1293757, at *4-5 (Cal.App. 4 Dist., 2016) (unpublished), the Court of Appeal affirmed the trial court's judgment against a consumer on the basis that the consumer lacked standing to sue under the CLRA or UCL for mere technical violations of the used vehicle statute.  The facts were as follows: CarMax… Read More

In Heaton v. Social Finance,  2015 WL 6003119, at *3 (N.D.Cal., 2015), Judge Henderson found that defendant's online credit application might be mere comparison shopping such that there was no permissible purpose under FCRA to pull the consumer's credit report. Plaintiffs Shawn Heaton (“Heaton”) and Anna Ahlborn (“Ahlborn”) each visited Defendants' website and had slightly different experiences. Both Plaintiffs registered for the… Read More

In Overholt v. CarMax Auto Superstores California, LLC, 2015 WL 403873 (E.D.Cal. 2015), Judge Burrell granted summary judgment to a car dealer who allegedly had falsely stated that the vehicle was “certified” and allegedly had failed to disclose that the vehicle was prior daily rental. On December 31, 2011, Plaintiff purchased a used 2010 Jeep Liberty (the “Jeep.”) from CarMax.… Read More

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