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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: 9.1/day

Last Entry: April 10, 2014 at 07:00:00

Recent Entries: 1026

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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...


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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...


BREAKING NEWS: Oral argument scheduled in arbitration case: Iskanian v. CLS Transportation

Posted on March 06, 2014
The California Supreme Court just set one of the arbitration cases for oral argument. Iskanian v. CLS Transportation, No. S204032, will be argued on Thursday, April 3, 2014 at 9:00 a.m. in Los Angeles. These are the issues on review,...


Yesterday's oral argument in Duran v. U.S. Bank

Posted on March 05, 2014
I barely made it into the packed courtroom for the Duran argument yesterday. The bench was hot, and the tenor of the questions varied significantly from justice to justice, with the starkest contrast between Justices Werdegar and Liu, on the...


Oral argument preview: Duran v. U.S. Bank, N.A.

Posted on March 04, 2014
This morning at 9:00 a.m., the Supreme Court will hear oral argument in Duran v. U.S. Bank National Association, no. S200923. There is no indication on the California Channel website that this argument wil be either broadcast or streamed. I...


Twelve post-Brinker class certification opinions

Posted on February 28, 2014
In preparation for a recent seminar, I pulled together the following list of twelve post-Brinker class certification opinions in wage and hour cases, including the three that were depublished just over a year ago: Hernandez v. Chipotle Mexican Grill, 146...


Supplemental briefing ordered in arbitration case: Sanchez v. Valencia Holding Co.

Posted on February 27, 2014
Last week, on February 19, 2014, the Supreme Court ordered supplemental briefing in Sanchez v. Valencia Holding Co., No. S199119. This is the case in which the Court of Appeal declined to enforce a no-class-action arbitration clause in a consumer...


U.S. Supreme Court denies cert. in all three front-load washer cases

Posted on February 25, 2014
Yesterday, the U.S. Supreme Court denied cert. in the three front-load washer cases, Whirlpool Corp. v. Glaser, No. 13-431; Sears, Roebuck & Co. v. Butler, No. 13-430; and BSH Home Appliances Corp. v. Cobb, No. 13-138. Each case had been...


Class certification case taken up as "grant and hold": Martinez v. Joe's Crab Shack Holdings

Posted on February 24, 2014
Last week, on February 19, 2014, the Supreme Court granted review in Martinez v. Joe's Crab Shack Holdings, No. S214964. Briefing has been deferred pending resolution of Duran v. U.S. Bank National Association, No. S200923, which is scheduled for argument...


Justice Kennard announces retirement from California Supreme Court

Posted on February 17, 2014
You have probably already heard the news last week, when Justice Joyce Kennard of the California Supreme Court announced that she would be retiring as of April 5, 2013, which will mark her 25th anniversary as a member of the...


"Class actions: A path through the darkness?"

Posted on February 13, 2014
The January 2014 issue of Plaintiff Magazine has a very interesting article about class actions in the post-Dukes, post-Concepcion, and post-Comcast world. The article is by Jahan Sagafi and Jennifer Liu of Outten & Golden. Speaking of post-Comcast cases, the...


New Ninth Circuit class certification opinion: Berger v. Home Depot USA, Inc.

Posted on February 12, 2014
In Berger v. Home Depot USA, Inc., ___ F.3d ___ (Feb. 3, 2014), the Ninth Circuit affirmed denial of class certification of UCL and CLRA claims. As a preliminary matter, the Ninth Circuit held that it had jurisdiction over the...


Oral argument set in class certification case: Duran v. U.S. Bank, N.A.

Posted on February 07, 2014
Yesterday, the Supreme Court scheduled oral argument for March 4, 2014 at 9:00 a.m. in Duran v. U.S. Bank National Association, no. S200923. The argument will take place in San Francisco. This argument setting is lightning-speed compared to many other...


Supreme Court sets oral argument in UCL case: Loeffler v. Target Corp.

Posted on January 28, 2014
On February 4, 2014, at 10:00 a.m. in Sacramento, the California Supreme Court will hear oral argument in Loeffler v. Target Corp., No. 173972, in which review was granted in 2009. The case arose out of a shopping trip to...


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