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UCL -- Bus. & Prof. Code § 17200

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In Chulick–Perez v. Carmax Auto Superstores California, LLC, 2014 WL 2154479 (E.D.Cal. 2014), Judge Nunley granted a car dealer's motion to dismiss a Plaintiff's claim that a dealer's used-vehicle certification program violated Song-Beverly, the CLRA and the UCL.  The facts were as follows: On December 16, 2011, Plaintiff Michelle Chulick–Perez (hereinafter “Plaintiff”) bought a 2003 BMW X5 (hereinafter “the vehicle”) from… Read More

In Wright v. General Motors Acceptance Corp., --- Fed.Appx. ----, 2013 WL 6137482 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit affirmed in an unpublished opinion that an automobile customer who paid a small sum of money to set up his right to bring an NOI class action lacked UCL standing to bring the claim.  On April… Read More

In Harrelson v. CarMax Auto Superstores California, LLC, 2013 WL 5348087 (Cal.App. 4 Dist. 2013), Harrelson filed a class action against CarMax, pleading the first class to be any person who in the four years preceding the filing of the complaint purchased a car from CarMax, signed a retail installment contract (RIC), and made a deferred down payment and whose… Read More

In People v. Persolve, (2013) 2013 DAR 10915, the Court of Appeal held that the litigation privilege is not a defense to a UCL action brought to enjoin business practices made unlawful by a statute more specific than Civil Code 47(b).  So, in this case, the People stated a good UCL claim against a debt collector for alleged unlawful business practices… Read More

In Grossman v. Capital One Bank, 2013 WL 821167 (Cal.App. 4 Dist. 2013), the California Court of Appeal in an unpublished decision found that a credit card debtor did not have a claim against the credit card company for allowing the ex-wife to continue to charge sums on the Account after the divorce decree.  The facts were not atypical of… Read More

The California Court of Appeal in People v. JTH Tax, Inc. held that vicarious liability could be imposed under the UCL.  (http://www.calautofinance.com/?p=3817&preview=true&preview_id=3817&preview_nonce=1b5c4528e1)  However, in  Herron v. Best Buy Co. Inc., 2013 WL 595474 (E.D.Cal. 2013), Judge Burrell found that a UCL claim could not be stated against a computer manufacturer for the misrepresentations of the seller.  Toshiba seeks dismissal of… Read More

In People v. JTH Tax, Inc., --- Cal.Rptr.3d ----, 2013 WL 177140 (Cal.App. 1 Dist.), the Court of Appeal for the First District disagreed with a seemingly well-settled, decades-old rule that the doctrine of vicarious liability did not apply to California’s Unfair Competition Law.  The facts were as follows: Defendant JTH Tax, Inc., doing business as Liberty Tax Service (Liberty),… Read More

In Rojas v. Platinum Auto Group, Inc. --- Cal.Rptr.3d ----, 2013 WL 156561 (Cal.App. 2 Dist. 2013), the California Court of Appeal required strict compliance under Rees-Levering, finding that a dealer’s error of improperly listing a $2,000 ‘down-payment’ on the downpayment line (line 6G) of the standard auto RISC as opposed to the ‘deferred downpayment’ line (line 6D) rendered the… Read More

In Kaiser v. BMW of North America, LLC, 2013 WL 100218 (N.D.Cal. 2013), a consumer complained that a vehicle manufacturer improperly sought to offset its lemon law liability by charging the consumer for unreasonable wear and tear on the vehicle.  Judge Ryu allowed the claim to proceed past the pleading stage.   The basic facts were as follows: Shortly thereafter, Kaiser received… Read More

In Mortimer v. Bank of America, N.A., 2013 WL 57856 (N.D.Cal. 2013), Judge Spero rejected a FCRA plaintiff's complaints about a creditor's reporting of his account through and after bankruptcy, but allowed leave to amend as to Plaintiff's CCRAA and UCL claims. Several courts, including two in this district involving closely analogous factual situations, have held that reports, after discharge, of delinquencies… Read More

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