Class Action

Oral argument scheduled in Kwikset Corp v. Superior Court (Benson)

By Kimberly A. Kralowec

Yesterday, the Supreme Court posted its oral argument calendar for November.  Argument has been set for Wednesday, November 3, 2010 at 9:00 a.m. in Kwikset Corp. v. Superior Court, no. S171845.  This is the issue on review, according to the docket: 

Does a plaintiff's allegation that he purchased a product in reliance on the product label's misrepresentation about a characteristic of the product satisfy the requirement for standing under the Unfair Competition Law (Bus. & Prof. Code, section 17200 et seq.) that the plaintiff allege a loss of money or property, or is such a plaintiff unable to allege the required loss of money or property because he obtained the benefit of his bargain by receiving the product in exchange for the payment?

The Court of Appeal found no standing, holding in effect that the plaintiff got what he paid for notwithstanding the manufacturer's false (and unlawful) representations about the product's geographic origin.  Kwikset Corp. v. Superior Court (Benson), 171 Cal.App.4th 645 (2009). This was my original blog post from March 2009 on the decision. 

The November arguments will be held in San Francisco, so I'm going to see if I can attend and report.

Full post as published by The UCL Practitioner on October 06, 2010 (boomark / email).