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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: 5.4/day

Last Entry: June 30, 2014 at 07:00:00

Recent Entries: 1038

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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...


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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,...


New class action settlement opinion: Carter v. City of Los Angeles

Posted on March 18, 2014
In Carter v. City of Los Angeles, ___ Cal.App.4th ___ (Feb. 26, 2014; pub. ord. Mar. 13, 2014), the Court of Appeal (First Appellate District, Division One) held, on a 2-1 vote, that the trial court had improperly approved a...


New Ninth Circuit CAFA opinion: Baumann v. Chase Investment Services

Posted on March 17, 2014
In Baumann v. Chase Investment Services, ___ F.3d ___ (9th Cir. Mar. 14, 2014), the Ninth Circuit held that a representative action under PAGA (the Labor Code Private Attorneys General Act of 2004) is not a "class action" subject to...


From an interview with Chief Justice Cantil-Sakauye

Posted on March 15, 2014
I just came across this late January interview by the Sacramento Bee's editorial board with Chief Justice Tani Cantil-Sakauye. An excerpt: Gary Reed: What are the most interesting cases before the Supreme Court? Cantil-Sakauye: One of our most interesting cases...


Supreme Court denies review in post-Brinker class certification case: Jones v. Farmers Insurance Exchange

Posted on March 14, 2014
On Wednesday, March 12, 2014, the Supreme Court denied review in Jones v. Farmers Insurance Exchange, No. S215633. Jones is one of the twelve post-Brinker class certification decisions in wage and hour matters that I collected here. For more on...


Recent class certification opinion: Hataishi v. First American Home Buyers Protection Corp.

Posted on March 13, 2014
In Hataishi v. First American Home Buyers Protection Corp., ___ Cal.App.4th ___ (Feb. 21, 2014), the plaintiff alleged that the defendant violated Penal Code section 632, "which prohibits the intentional recording of a 'confidential communication' without the consent of all...


California Supreme Court developments of interest in three cases

Posted on March 12, 2014
Not one, but two cases of interest have been scheduled for oral argument in April: On March 5, 2014, the Court scheduled oral argument in Ayala v. Antelope Valley Newspapers, No. S206874, in which the plaintiff newspaper carriers assert that...


U.S. Supreme Court developments of interest in four cases

Posted on March 11, 2014
A few more recent developments of interest from the U.S. Supreme Court: On February 24, 2014, the Court issued a GVR order (grant, vacate and remand) in CarMax Auto Superstores California, LLC v. Fowler, No. 13-439. In this case, the...


Oral argument report: Duran v. U.S. Bank

Posted on March 10, 2014
Last Tuesday, March 4, 2014, the Supreme Court heard oral argument in Duran v. U.S. Bank National Association, no. S200923. Edward Wynne of the Wynne Law Firm argued for the plaintiffs, sharing his argument time with Michael Rubin of Altshuler...


Cert. petition in UCL case to be conferenced today: Rose v. Bank of America

Posted on March 07, 2014
Today, the U.S. Supreme Court will be conferencing the cert. petition in Bank of America, N.A. v. Rose, No. 13-662. The petition, filed in November, asks the U.S. Supreme Court to consider and overturn the California Supreme Court's decision in...


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