SAN FRANCISCO - A California federal judge on May 14 found no facts to support causes of action asserted by a first-time homebuyer who alleged that Wells Fargo & Co. violated the Real Estate Settlement and Procedures Act (RESPA) and California's unfair competition law (UCL) when it improperly charged borrowers mortgage interest rate-lock fees, dismissing his claims with partial leave to amend (Victor Muniz v. Wells Fargo & Co., et al., No. 3:17-cv-04995, N.D. Calif., 2018 U.S. Dist. LEXIS 81040).
SAN FRANCISCO - Lyft Inc., an app-based taxi service, has deceived and violated California's unfair competition law (UCL) by misrepresenting and changing fare practices, one driver alleges in his May 10 class complaint filed in the U.S. District Court for the Northern District of California (Fernando Villasenor, et al. v. Lyft, Inc., et al., No. 18-2769, N.D. Calif.).
SAN FRANCISCO - The plaintiffs who sued a candy maker for selling oversized opaque candy boxes in an effort to deceive consumers moved May 10 in the U.S. District Court for the Northern District of California, seeking preliminary approval of a $2.5 million settlement that will provide cash refunds of 50 cents per box purchased to the consumer class (Thomas Iglesias, et al. v. Ferrara Candy Co., et al., No. 17-849, N.D. Calif.).
SAN FRANCISCO - Uber Technologies Inc. saw negligence and unfair competition claims against it dismissed for a third time May 10, as a California federal magistrate judge found that two former Uber drivers had still failed to establish standing via an injury related to the theft of their personally identifiable information (PII) in a 2014 data breach, despite amending their complaint three times (Sasha Antman, et al. v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif., 2018 U.S. Dist. LEXIS 79371).
WASHINGTON, D.C. - In a May 8 amicus curiae brief presenting the U.S. government's views, U.S. Solicitor General (SG) Noel J. Francisco asks the U.S. Supreme Court to grant certiorari to Apple Inc. in a lawsuit over alleged anti-competitive behavior related to Apple's App Store, arguing that the Ninth Circuit U.S. Court of Appeals incorrectly found the putative class of app purchasers to be direct purchasers in contradiction of controlling case law (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).
NEW YORK - Although investors have shown that they have standing to bring their claims for damages under the Commodities Exchange Act (CEA), they have failed to show that they were damaged as a result of a market manipulation scheme in which an oil and gas company and its affiliates manipulated the price of oil and gas commodities at regional hubs in the western United States, a Second Circuit U.S. Court of Appeals panel ruled May 4 (Alan Harry, et al. v. Total Gas & Power North America Inc., et al., No. 17-1199, 2nd Cir., 2018 U.S. App. LEXIS 11730).
SAN FRANCISCO - A California federal judge on May 7 denied an application filed by a borrower who asserts causes of action for violation of California's unfair competition law (UCL) and the homeowner bill of rights for a temporary restraining order preventing a foreclosure, finding that he failed to allege that the loan servicer and trust lacked the legal authority to foreclose (Keyhan Mohanna v. Carrington Mortgage Services LLC, et al., No. 18-cv-02563, N.D. Calif., 2018 U.S. Dist. LEXIS 76992).
SAN DIEGO - After finding that a property owner failed to allege specific facts as to which entities allegedly disposed of solid waste from a project site onto his property, a California federal judge on May 4 dismissed claims for violation of Resource Conservation & Recovery Act (RCRA), California's unfair competition law (UCL) and other claims with leave to amend (Todd Ingalls v. AMG Demolition & Environmental Services, et al., No. 17-cv-2013, S.D. Calif., 2018 U.S. Dist. LEXIS 75997).
FRESNO, Calif. - A California federal judge on May 3 granted a motion filed by two lenders to dismiss claims for violation of California housing law and unfair competition law (UCL), finding that a borrower failed to request an alternative to foreclosure and to allege that a notice of sale was recorded (Terrence Taylor v. CitiMortgage Inc., et al., No. 1:17-cv-01231, E.D. Calif., 2018 U.S. Dist. LEXIS 75231).
SAN FRANCISCO - A former employee on May 1 sued his employer in a California court, asserting claims for violation of California's unfair competition law (UCL) and the state labor code in relation to his employment as a concrete worker (Camilo Lopez v. SF Garage Company Inc., et al., No. 18-566185, Calif. Super., San Francisco Co.).
SAN DIEGO - A California federal judge on April 30 granted a consumer, who alleges that a surcharge added to a restaurant bill violates California's unfair competition law (UCL) and other laws, leave to file an amended complaint to add a claim for actual damages under the California Consumers Legal Remedy Act (CLRA) (Kathleen Holt v. Noble House Hotels & Resorts Ltd., et al., No. 17-cv-2246, S.D. Calif., 2018 U.S. Dist. LEXIS 10955).
LOS ANGELES - While not preempted by the Employee Retirement Income Security Act, substance abuse providers' California unfair competition law (UCL) claim alleging that insurers misrepresented the assignability of health insurance benefits falls short of pleading an injury for standing purposes, a California federal judge held May 1 in dismissing the claim with prejudice (Dual Diagnosis Treatment Center Inc., et al. v. Blue Cross of California, et al., No. 15-736, C.D. Calif.).
BOSTON - Impax Laboratories Inc. has agreed to pay $20 million to settle class claims by third-party payers that it violated antitrust, consumer protection and unjust enrichment laws by conspiring with three other defendants to not compete in the sale of generic versions of the dermatology antibiotic Solodyn, the parties announced April 30 (In Re: Solodyn [Minocycline Hydrochloride] Antitrust Litigation, MDL Docket No. 2503, No. 14-md-2503, D. Mass.).
SAN FRANCISCO - A trial court did not abuse its discretion in certifying a class of delivery drivers who allege that they were improperly classified as independent contractors and that the delivery company engaged in unfair and unlawful business practices under California's unfair competition law (UCL), the California Supreme Court ruled April 30, holding that the "suffer or permit to work" definition of "employ" contained in Industrial Welfare Commission wage order No. 9 may be relied upon when determining whether a worker is an employee or independent contractor (Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, et al., No. S222732, Calif. Sup., 2018 Cal. LEXIS 3152).
LOS ANGELES - After finding that an insurance policy excluded coverage for diminution of value and that an insurer had the authority under the insurance contract to repair a damaged vehicle, rather than replace it, a California appeals panel on April 27 affirmed a trial court's decision dismissing an insured's claims for breach of contract and violation of California's unfair competition law (UCL) (Margaret Carol Foster v. Interinsurance Exchange of the Automobile Club, No. B278723, Calif. App., 2nd Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 2873).
OAKLAND, Calif. - After finding that a bank may have failed to properly review loan modification applications, a California federal judge on April 25 refused to dismiss borrowers' claims for wrongful foreclosure and violation of California's unfair competition law (UCL) (Michael Peterson, et al. v. Wells Fargo Bank, N.A., No. 17-cv-05137, N.D. Calif., 2018 U.S. Dist. LEXIS 70137).
WASHINGTON, D.C. - The U.S. Supreme Court on April 30 granted a petition for writ of certiorari filed by an employer whose payroll system was hacked and asked the high court justices to decide if the Federal Arbitration Act bars a state law interpretation permitting class arbitration where class arbitration is not specifically mentioned in the agreement (Lamps Plus, Inc., et al. v. Frank Varela, No. 17-988, U.S. Sup.).
SAN DIEGO - A California federal judge on April 24 granted a jiu-jitsu kimono maker's motion to dismiss claims asserted by a competitor for violation of California's unfair competition law (UCL), fraud and other claims, but refused to dismiss a claim for breach of contract in relation to a nondisclosure agreement for proprietary data and development materials (Champion Courage Ltd. v. Fighter's Market Inc., et al., No. 17-cv-01855, S.D. Calif., 2018 U.S. Dist. LEXIS 69043).
LOS ANGELES - After finding that an irreparable breakdown has occurred between counsel and employers named in an action filed by former employees who assert claims for violation of California's unfair competition law (UCL), fraud and other claims, a California federal judge on April 24 granted the employer's counsel's request to withdraw from the case (Graham Farrar, et al. v. Cupcake Digital Inc., et al., No. 2:16-cv-04677, C.D. Calif., 2018 U.S. Dist. LEXIS 69000).
FRESNO, Calif. - A California man alleges in an April 17 complaint filed in a California trial court that a used-vehicle seller and its affiliates, including an illegal shell reinsurance company, are involved in three fraudulent schemes in the sale of used vehicles and violated California Business and Professions Code Section 17200 (Alejandra Ochoa-Gonzalez v. Paul Blanco's Good Car Company Fresno Inc., et al., No. 18CECG01311, Calif. Super., Fresno Co.).
SAN JOSE, Calif. - A California federal judge on Feb. 20 granted a motion filed by banks to dismiss causes of action asserted against them in relation to a mortgage for failure to state a claim, but granted a borrower leave to amend certain claims for violation of California housing law and California's unfair competition law (UCL) (Kevin Crumley v. U.S. Bank National Association, et al., No. 5:17-cv-07144, N.D. Calif., 2018 U.S. Dist. LEXIS 27124).
SAN DIEGO - After finding that there was no undue delay by an investor who alleges that the manager of a nightclub development company violated California's unfair competition law (UCL) and committed securities fraud by inducing him into investing money for the development of a club, a California federal judge on Feb. 21 granted him leave to amend his complaint to name another manager as a defendant (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2018 U.S. Dist. LEXIS 28013).
SAN JOSE, Calif. - A small business owner who sued Google LLC over alleged misrepresentations about click fraud in its AdWords program, saw his claims of false advertising and unfair competition dismissed a second time Feb. 20, with a California federal judge finding that the plaintiff failed to plead the necessary economic injury to support his claims (Gurminder Singh v. Google LLC, No. 5:16-cv-03734, N.D. Calif., 2018 U.S. Dist. LEXIS 27111).
LOS ANGELES - After finding that a borrower failed to submit any facts to support his claim for violation of the Fair Debt Collection Practices Act (FDCPA), a California federal judge on Feb. 16 granted a lender and loan servicer's motion to dismiss the complaint and declined to exercise jurisdiction of his California law claims (Keith Turner v. Bayview Loan Servicing, LLC, et al., No. 17-7521, C.D. Calif., 2018 U.S. Dist. LEXIS 27067).
LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct fraud by the franchisor and its subsidiary (Luis Lomeli v. Jackson Hewitt, Inc., et al., No 17-02899, C.D. Calif., 2018 U.S. Dist. LEXIS 27087).