LexisNexis® Legal Newsroom
California Supreme Court: Section 3345 Damages Are A Penalty, Not Available Under UCL

SAN FRANCISCO - (Mealey's) The statute providing for treble damages in cases brought by senior citizens alleging unfair competition provides for such a remedy only as a penalty, making recovery under the unfair competition law, Business and Professions Code Section 17200, et. seq ., impossible, the...

California Court: UCL Subject To Common-Law Accrual; Continuous Accrual Saves Claims

SAN FRANCISCO - (Mealey's) Common-law accrual rules apply in California unfair competition law (UCL) cases, but continuous accrual principles prevent demurrer stage statute of limitations dismissal of a man's action alleging recurring excess charges, the California Supreme Court held Jan. 24...

California High Court: Tax Code, Not UCL, Proper Avenue For Excess Tax Case

SACRAMENTO, Calif. — (Mealey’s) California’s tax code provides the sole remedy for consumers who believe that a retailer improperly charged tax reimbursements, the California Supreme Court held May 1 in a 4-3 opinion rejecting state unfair competition law (UCL) claims ( Kimberly Loeffler...

Bench Trial Concludes In Case Over Coverage For Excess Skin Removal (Watch The Video)

ALAMEDA, Calif. — (Mealey’s)The bench trial in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery without first having...