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: The UCL PractitionerNew UCL economic abstention doctrine decision: Acre v. Kaiser Foundation Health Plan, Inc.
By Kimberly A. Kralowec
In Acre v. Kasier Foundation Health Plan, Inc., ___ Cal.App.4th ___ (Jan. 27, 2010), the trial court sustained a demurrer to a UCL action without leave to amend based on: (a) the economic abstention doctrine; and (b) the conclusion that the complaint failed to allege a sufficient community of interest for class certification purposes. Slip op. at 5-6.
The Court of Appeal (Second Appellate District, Division Seven) determined that the economic abstention doctrine did not apply (id. at 25-33) and also that the trial court had erred by dismissing the class certification allegations at the pleading stage (id. at 11-25). The opinion is quite interesting and worth a full read.
Full post as published by The UCL Practitioner on February 02, 2010 (boomark / email).
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