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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: 15.2/day

Last Entry: February 27, 2015 at 07:00:00

Recent Entries: 1067

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Supreme Court takes up attorneys' fees case: Laffitte v. Robert Half International Inc.

Posted on February 27, 2015
On Wednesday, February 24, 2014, the Supreme Court granted review in Laffitte v. Robert Half International, No. S222996. The docket does not yet provide a summary of the issues to be considered. In Laffitte, the Court of Appeal (Second Appellate...


Newly-launched law blog covers the California Supreme Court: SCOCAblog

Posted on February 25, 2015
I highly recommend that all readers of this blog check out SCOCAblog, a new blog covering the California Supreme Court. The new blog, which is patterned after SCOTUSblog, was launched about three months ago by U.C. Berkeley's California Constitution Center...


New UCL Prop. 64 standing opinion: Two Jinn, Inc. v. Government Payment Service, Inc.

Posted on February 24, 2015
In Two Jinn, Inc. v. Government Payment Service, Inc., ___ Cal.App.4th ___ (Feb. 2, 2015), the Court of Appeal (First Appellate District, Division Four) addressed Prop. 64 standing in the context of a UCL competitor action, and affirmed the trial...


Supreme Court depublishes another post-Brinker opinion: In re Walgreen Co. Overtime Cases

Posted on February 23, 2015
Last week, on February 18, 2015, the Supreme Court depublished the Court of Appeal's opinion in In re Walgreen Co. Overtime Cases, 231 Cal.App.4th 437 (2014). The opinion is no longer citable as a precedent. In Walgreen, the Court of...


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"Class(ic) Settlement Problems" by Judge Curtis Karnow

Posted on February 20, 2015
The January/February 2015 issue of CAOC Forum has an article by San Francisco Superior Court Judge Curtis E.A. Karnow entitled "Class(ic) Settlement Problems." The article provides "a list of issues which often seem to pose problems when counsel file motions...


Recent opinion on arbitrability of UCL claims: McGill v. Citibank, N.A.

Posted on February 19, 2015
My post on this case is long overdue. In McGill v. Citibank, N.A., 232 Cal.App.4th 753 (Dec. 18, 2014), the Court of Appeal (Fourth Appellate District, Division Three) held that the Federal Arbitration Act, as construed in Concepcion, preempts the...


New post-Brinker class certification opinion: Gerard v. Orange Coast Mem. Med. Ctr.

Posted on February 18, 2015
In Gerard v. Orange Coast Memorial Medical Center, ___ Cal. App.4th ___ (Feb. 10, 2015), the Court of Appeal (Fourth Appellate District, Division Three) reversed the trial court's order granting the defendant's preemptive motion to deny class certification...


Case with possible UCL issue set for oral argument: In re Cipro Cases I & II

Posted on February 17, 2015
Earlier this month, the Supreme Court posted its March 2015 oral argument calendar. On March 3, 2015 at 9:00 a.m. in San Francisco, the Court will hear argument in In re Cipro Cases I & II, No. S198616. This case...


Supreme Court grants review in case of interest: Dynamex Operations West v. Superior Court (Lee)

Posted on February 03, 2015
Last week, the Supreme Court granted the defendant's petition for review in Dynamex Operations West v. Superior Court, No. S222732. In that case, the Court of Appeal (Second Appellate District, Division Seven) vacated, in part, the trial court's order denying...


New class certification opinion: Augustus v. ABM Security Services, Inc.

Posted on February 02, 2015
Last Thursday, the Court of Appeal (Second Appellate District, Division One) published an opinion primarily addressing California's rest break laws, but also touching on class certification. Augustus v. ABM Security Services, Inc., ___ Cal.App.4th ___ (Dec...


"Principles of litigating consumer class actions"

Posted on January 28, 2015
The January 2015 issue of Plaintiff Magazine has this article, and several others, in a symposium edition on class action litigation. The article by Joshua Haffner on class action trials is quite interesting.


New UCL Prop. 64 standing opinion: Sarun v. Dignity Health

Posted on January 26, 2015
In Sarun v. Dignity Health, ___ Cal.App.4th ___ (Dec. 15, 2014; pub. ord. Jan. 6, 2015), the plaintiff's UCL and CLRA causes of action alleged that the defendant hospital failed to disclose that it charged uninsured patients more for emergency...


Post-Brinker class certification opinion of note: Martinez v. Joe's Crab Shack Holdings

Posted on January 23, 2015
Almost a year ago, I put together a list of twelve post-Brinker class certification opinions of note in wage and hour cases. One of the opinions was Martinez v. Joe?s Crab Shack Holdings, 221 Cal.App.4th 1148 (2013), in which the...


New UCL "unlawful" prong opinion: Audio Visual Services Group, Inc. v. Superior Court

Posted on January 22, 2015
In Audio Visual Services Group, Inc. v. Superior Court, ___ Cal.App.4th ___ (Jan. 21, 2015), the Court of Appeal (Second Appellate District, Division Three) held that the trial court should have sustained the defendant's demurrer to the plaintiff's UCL "unlawful"...


U.S. Supreme Court denies cert. in class arbitration case: CLS Transportation Los Angeles LLC v. Iskanian

Posted on January 21, 2015
Last June, the California Supreme Court handed down its opinion in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (Jun. 23, 2014), a wage and hour class action. The Court held that a no-class-action arbitration clause in an...


Ninth Circuit addresses UCL "unfair" prong: City of San Jose v. Office of the Commissioner of Baseball

Posted on January 20, 2015
In City of San Jose v. Office of the Commissioner of Baseball, ___ F.3d ___ (9th Cir. Jan. 15, 2015), the Ninth Circuit affirmed the district court's dismissal of state and federal antitrust claims under the baseball exemption, which Judge...


Supreme Court takes up UCL public prosecutor action: Solus Industrial Innovations v. Superior Court

Posted on January 16, 2015
Happy New Year to all readers of this blog! I hope everyone had a great holiday season. On Wednesday, January 14, 2015, the Supreme Court granted review in Solus Industrial Innovations v. Superior Court (People), No. S222314. The Court's two...


New settlement approval and attorneys' fees opinion: Laffitte v. Robert Half International Inc.

Posted on December 01, 2014
In Laffitte v. Robert Half International Inc., ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the Court of Appeal (Second Appellate District, Division Seven) confirmed the continuing vitality of the percentage-of-the-fund method of fixing attorneys' fee awards...


Contract attorney position available with my firm

Posted on October 30, 2014
The Kralowec Law Group has an immediate opening for a contract attorney to assist with projects in pending class action matters. The ideal candidate will have at least 4-5 years of litigation experience, excellent research and writing skills, and a...


New UCL primary jurisdiction opinion: Guerrero v. Pacific Gas & Elec. Co.

Posted on October 16, 2014
In Guerrero v. Pacific Gas & Electric Co., ___ Cal.App.4th ___ (Oct. 10, 2014), the Court of Appeal (First Appellate District, Division Three) affirmed the trial court's ruling that allowing the plaintiff's UCL claim against PG&E to proceed would interfere...


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...


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...


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