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Class Action

The UCL Practitioner The UCL Practitioner

On California's Unfair Competition Law (Bus. & Prof. Code §§17200 et seq.) and California Class Actions.
By Kimberly A. Kralowec, Esq.

Post Frequency: 4.4/day

Last Entry: August 14, 2014 at 07:00:00

Recent Entries: 1047

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New class certification opinion: Cochran v. Schwan's Home Service, Inc.

Posted on August 14, 2014
In Cochran v. Schwan's Home Service, Inc., ___ Cal.App.4th ___ (Aug. 12, 2014), the Court of Appeal (Second Appellate District, Division Two) reversed an order denying class certification of a claim for violation of Labor Code section 2802, which relates...


Recent Ninth Circuit class certification opinion: Stockwell v. City and County of San Francisco

Posted on August 05, 2014
In Stockwell v. City and County of San Francisco, 749 F.3d 1107 (9th Cir. Apr. 24, 2014), the district court denied class certification of plaintiffs' age discrimination claim under FEHA, holding that the plaintiffs had not established the existence of...


Third Circuit reaches the opposite conclusion on "who decides": Opalinski v. Robert Half Int'l Inc.

Posted on August 04, 2014
Last Friday, I reported on Sandquist v. Lebo Automotive, Inc., ___ Cal.App.4th ___ (Jun. 25, 2014; pub. ord. Jul. 22, 2014), in which the Court of Appeal (Second Appellate District, Division Seven) carefully evaluated the available U.S. Supreme Court decisional...


Court of Appeal addresses class arbitration in an opinion of interest: Sandquist v. Lebo Automotive, Inc.

Posted on August 01, 2014
In Sandquist v. Lebo Automotive, Inc., ___ Cal.App.4th ___ (Jun. 25, 2014; pub. ord. Jul. 22, 2014), the Court of Appeal held that the trial court erred by dismissing the plaintiff's class claims with prejudice after "deciding the issue whether...


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New opinion construes UCL in wrongful foreclosure context: Rufini v. CitiMortgage, Inc.

Posted on July 31, 2014
In Rufini v. CitiMortgage, Inc., ___ Cal.App.4th ___ (May 28, 2014; pub. ord. Jun. 23, 2014; mod. Jul. 22, 2014), the Court of Appeal (First Appellate District, Division Three) held that the trial court improperly sustained the defendant's demurrer to...


Court of Appeal considers interplay between UCL, FAL, and anti-SLAPP statute: Demetriades v. Yelp, Inc.

Posted on July 30, 2014
In Demetriades v. Yelp, Inc., ___ Cal.App.4th ___ (Jun. 24, 2014), the Court of Appeal (Second Appellate District, Division One) reversed the judgment that ensued after the trial court granted defendant Yelp, Inc.'s anti-SLAPP motion. The Court of Appeal held...


"Grant and transfer" ordered in UCL public prosecutor action: Solus Industrial Innovations v. Superior Court

Posted on July 29, 2014
Earlier this year, the Court of Appeal (Fourth Appellate District, Division Three) handed down its opinion in Solus Industrial Innovations, Inc. v. Superior Court, 224 Cal.App.4th 17 (2014), review granted. Solus is a UCL public prosecutor action for civil penalties...


Supreme Court to hand down UCL preemption opinion this morning: People ex rel. Harris v. Pac Anchor (Updated)

Posted on July 28, 2014
Last week, the Supreme Court announced that it will be handing down its opinion this morning in People ex rel. Harris v. Pac Anchor Transportation, Inc., no. S194388. Harris is a UCL public prosecutor action in which the defendant asserts...


Court of Appeal considers stipulations to temporary judges in class action context: Luckey v. Superior Court

Posted on July 24, 2014
In Luckey v. Superior Court (Cotton On USA, Inc.), ___ Cal.App.4th ___ (July 22, 2014), the parties stipulated to appointment of a temporary judge to rule on the motions for preliminary and final approval of a class action settlement. (The...


Supreme Court to hand down class certification/ employment opinion this morning: Ayala v. Antelope Valley Newspapers

Posted on June 30, 2014
Last week, the California Supreme Court announced that this morning it would hand down its opinion in Ayala v. Antelope Valley Newspapers, No. S206874. When the opinion is posted online at approximately 10:00 a.m., it should be available at this...


Supreme Court to hand down arbitration opinion this morning: Iskanian v. CLS Transportation

Posted on June 23, 2014
The California Supreme Court announced Friday that this morning, it will hand down its opinion in Iskanian v. CLS Transportation, No. S204032, which was argued on April 4, 2014. Iskanian involves the enforceability of a no-class-action arbitration clause in an...


U.S. Supreme Court schedules UCL case for conference: Rose v. Bank of America

Posted on June 16, 2014
Last week, the U.S. Supreme Court put Bank of America, N.A. v. Rose, No. 13-662, on its conference agenda for June 26, 2014. This follows the filing on May 27 of the Solicitor General's brief recommending that the cert. petition...


San Diego County Bar Association webinar next week on Duran

Posted on June 13, 2014
On Wednesday, June 18, 2014 at noon, the San Diego County Bar Association will present a webinar entitled "Duran v. U.S. Bank ? New Guidance on Complex/Class Action Case Management and Trial Methodology." The webinar will feature plaintiff-side attorney Michael...


New class action settlement opinion: Litwin v. iRenew Bio Energy Solutions LLC

Posted on June 04, 2014
In the published portion of Litwin v. iRenew Bio Energy Solutions LLC, ___ Cal.App.4th ___ (May 28, 2014), the Court of Appeal (Second Appellate District, Division One) reversed final approval of a class action settlement because the notice informed the...


"Class actions are thriving after Brinker"

Posted on June 03, 2014
This article appeared in the Daily Journal a few weeks ago, on May 8, 2014, while I was immersed in several briefing projects. I was pleasantly surprised to see my photo on the front page, and I received a number...


Class certification issues raised by Duran and Brinker? I can help

Posted on June 02, 2014
A lot of new briefing may be coming up in the wake of Duran as well as the post-Brinker opinions that continue to be handed down. I am now accepting new appellate and trial-level briefing matters. If you have an...


California Supreme Court's latest word on class certification: Duran v. U.S. Bank National Association

Posted on May 30, 2014
Yesterday, the California Supreme Court issued its long-awaited opinion, Duran v. U.S. Bank National Association, ___ Cal.4th ___ (May 29, 2014). The ruling is a victory for the Duran plaintiffs, who now have their putative class action back, along with...


"Justices Strike Overtime Award Based on Flawed Statistics"

Posted on May 30, 2014
The legal press is covering Duran. Here's an excerpt from the article by Marisa Kendall in The Recorder: The California Supreme Court tossed a $15 million overtime award to bank employees Thursday because of a faulty statistical sample, but justices....


Solicitor General recommends denying cert. in UCL matter: Rose v. Bank of America

Posted on May 28, 2014
As I previously reported, on March 10, 2014, the U.S. Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in Bank of America, N.A. v. Rose, No. 13-662. The cert. petition seeks...


BREAKING NEWS: Supreme Court to hand down Duran decision tomorrow morning

Posted on May 28, 2014
The Supreme Court has just announced that tomorrow morning (Thursday, May 29, 2014), it will be handing down its opinion in Duran v. U.S. Bank National Association, no. S200923. The opinion should be posted online by 10:00 a.m. When it...


A thirteenth post-Brinker class certification opinion: Hall v. Rite Aid Corp.

Posted on May 19, 2014
In Hall v. Rite Aid Corp., ___ Cal.App.4th ___ (May 2, 2014; pub. ord. May 16, 2014), the Court of Appeal (Fourth Appellate District, Division One) reversed the trial court's order decertifying the class in an action involving the Wage...


New opinion declines to enforce arbitration clause: Imburgia v. DirecTV, Inc.

Posted on April 10, 2014
In Imburgia v. DirecTV, Inc., ___ Cal.App.4th ___ (Apr. 7, 2014), the Court of Appeal (Second Appellate District, Division One) wrote as follows: After briefing in this appeal was completed, the United States Court of Appeals for the Ninth Circuit...


U.S. Supreme Court takes up another CAFA case: Dart Cherokee Basin Operating Co. v. Owens

Posted on April 09, 2014
On Monday, the U.S. Supreme Court granted cert. in a CAFA case, Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. This is the question presented, according to the cert. petition: Whether a defendant seeking removal to federal court is...


Recent Ninth Circuit opinion touches on the "unlawful" prong: In re Late Fee and Overlimit Fee Litig.

Posted on April 08, 2014
In In re Late Fee and Overlimit Fee Litigation, 741 F.3d 1022 (9th Cir. Jan. 21, 2014), the Ninth Circuit affirmed dismissal of the UCL claim: California's Unfair Competition Law, Cal. Bus. & Prof. Code 17200 et seq., makes...


More thoughts on Iskanian as well as Ayala

Posted on April 07, 2014
I have not seen any news or blog coverage of the oral argument last Thursday in Ayala v. Antelope Valley Newspapers, No. S206874, but I have heard from more than one source that the justices had no questions about the...


Oral argument report #2 on Iskanian v. CLS Transportation

Posted on April 06, 2014
Report #2 on the Iskanian oral argument comes to us from attorney Edie Mermelstein of the Law Offices of F. Edie Mermelstein in Huntington Beach. Thank you, Edie! *** Thursday the California Supreme Court heard oral argument in the much...


Oral argument report: Iskanian v. CLS Transportation

Posted on April 04, 2014
Many thanks to attorney Matthew B. Butler of The Butler Firm in San Diego, who attended yesterday's oral argument in Iskanian v. CLS Transportation, No. S204032, and provided the following report. *** I attended the oral argument in the Iskanian...


Oral argument preview: Iskanian v. CLS Transportation and Ayala v. Antelope Valley Newspapers

Posted on April 03, 2014
Today, the Supreme Court will be hearing oral argument in two cases of interest. At 9:00 a.m., the Court will hear Iskanian v. CLS Transportation, No. S204032, which involves the enforceability of a no-class-action arbitration clause in an employment contract,...


New UCL public prosecutor opinion addresses federal preemption: Solus Industrial Innovations LLC v. Superior Court

Posted on March 25, 2014
In Solus Industrial Innovations LLC v. Superior Court, ___ Cal.App.4th ___ (Feb. 24, 2014; mod. Mar. 17, 2014), the Court of Appeal (Fourth Appellate District, Division Three) held that the Orange County District Attorney's action for civil penalties under the...


Supreme Court denies review in another post-Brinker class certification case: Williams v. Superior Court (Allstate Ins. Co.)

Posted on March 24, 2014
Last week, on March 19, 2014, the Supreme Court denied review in Williams v. Superior Court (Allstate Ins. Co.), No. S215887. In Williams, the trial court decertified the class in reliance on Dukes, and the plaintiff filed a writ petition,...


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