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The California Court of Appeal in People v. JTH Tax, Inc. held that vicarious liability could be imposed under the UCL. 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 all… 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