Class Action

New Prop. 64 "injury in fact" decision: O'Brien v. Camisasca Automotive Mfg., Inc.

Posted on March 31, 2008
In O'Brien v. Camisasca Automotive Manufacturing, Inc., ___ Cal.App.4th ___ (Mar 27, 2008), the Court of Appeal (Fourth Appellate District, Division Three) affirmed summary judgment in the defendant's favor, holding that the plaintiff lacked standing to assert UCL or CLRA...

CAOC Tahoe Seminar - thanks for coming!

Posted on March 30, 2008
Thanks to all those who attended the CAOC's annual Tahoe Ski Seminar, at which I spoke last Friday. As promised, here is a copy of my powerpoint presentation from the seminar: "Update on Section 17200" (pdf). For those who attended,...

Recent private attorney general attorneys' fees decision: Marine Forests Society v. California Coastal Commission

Posted on March 27, 2008
In Marine Forests Society v. California Coastal Commission, ___ Cal.App.4th ___ (Mar. 4, 2008), the Court of Appeal (Third Appellate District) reversed an order awarding attorneys' fees under the private attorney general doctrine of Code of Civil Procedure section 1021...

New Ninth Circuit CAFA decision: Lussier v. Dollar Tree Stores, Inc.

Posted on March 26, 2008
In Lussier v. Dollar Tree Stores, Inc., ___ F.3d ___ (9th Cir. Mar. 7, 2008), the defendant removed the case under CAFA. The district court granted plaintiffs' motion to remand but denied their motion for attorneys' fees. Plaintiffs appealed. The...

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Supreme Court expresses potential interest in class certification case: Bell v. Superior Court (H.F. Cox, Inc.)

Posted on March 25, 2008
Last Friday, March 21, 2008, the Supreme Court gave itself an extension of time, through April 28, 2008, to grant or deny review in Bell v. Superior Court (H.F. Cox, Inc.), no. S160423. In Bell, the Court of Appeal (Second...

CAOC Tahoe Ski Seminar this Fri.-Sat., Mar. 28-29

Posted on March 24, 2008
This Friday, March 28, I will be speaking at the CAOC College of Trial Arts' annual Tahoe Ski Seminar at Harveys Lake Tahoe in Stateline, Nevada. I will be one of the speakers on Track 2: "Quick Hits ? What...

"Top Blogs Hit All the Right Links"

Posted on March 23, 2008
Earlier this month, the New Jersey Law Journal ran an article called "Top Blogs Hit All the Right Links" (March 6, 2008).

Procedures for electronic service of Court of Appeal briefs on the Supreme Court now available

Posted on March 19, 2008
In early January, I reported on an amendment to Rule of Court 8.212(c)(2) to permit electronic service of Court of Appeal briefs on the Supreme Court. The advisory notes to the amended rule said that instructions would appear on the...

Updates to Civil E-Filing Manual now available online

Posted on March 18, 2008
Martin W. Anderson, author of Anderson on Civil E-Filing in the Central District of California, kindly writes to advise that "[t]he procedures for E-Filing in the Central District have been substantially updated since you first referenced my E-Filing manual on...

Recent federal decision applies Pioneer Electronics to resolve dispute over discovery of class member contact information: Salazar v. Avis Budget Group, Inc.

Posted on March 17, 2008
In Salazar v. Avis Budget Group, Inc., 2007 WL 2990281 (S.D. Cal. Oct. 10, 2007), a federal district court applied the rules outlined in Pioneer Electronics and ordered the defendant to disclose the class members' contact information after an ?opt-out?...

New UCL "fraudulent" prong decision: Buller v. Sutter Health

Posted on March 14, 2008
In Buller v. Sutter Health, ___ Cal.App.4th ___ (Mar. 5, 2008), the plaintiff challenged the defendant's failure to disclose its practice of providing discounts, on request, to customers who timely paid their bills in full. This practice was "fraudulent" and...

Recent UCL "unlawful" prong decision: Dell, Inc. v. Superior Court (Mohan)

Posted on March 07, 2008
This case got lost in the blog pile for a few weeks. In Dell, Inc. v. Superior Court (Mohan), ___ Cal.App.4th ___ (Jan. 31, 2008), the Court of Appeal (First Appellate District, Division Four) addressed a UCL "unlawful" prong claim....

Verdict in rare Unfair Practices Act case

Posted on March 06, 2008
Today's Recorder reports on a $15.6 million jury verdict in a case brought under the Unfair Practices Act (Bus. & Prof. Code §§17000-17101). Matthew Hirsch, "Newspaper Wins $15.6M in Suit Over Ads" (subscription), The Recorder (Mar. 6, 2008). According to...

Unpublished UCL/SLAPP opinion: The Upper Deck Co. v. Orrick, Herrington & Sutcliffe

Posted on March 06, 2008
A recent unpublished opinion, The Upper Deck Co. v. Orrick, Herrington & Sutcliffe, no. D050373 (Feb. 26, 2008), illustrates a creative use of the UCL. The Upper Deck Co. sued Orrick, Herrington & Sutcliffe for legal malpractice. Orrick cross-complained under...

Recent Fourth Circuit opinion on FLSA "opt-in" classes: Long John Silver's Restaurants, Inc. v. Cole

Posted on March 05, 2008
In Long John Silver's Restaurants, Inc. v. Cole, ___ F.3d ___ (4th Cir. Jan. 28, 2008), the defendant's arbitration agreement, which all employees had to sign, said that the American Arbitration Association's commercial arbitration rules would apply to any dispute...

New 9th Circuit opinion on class action settlements: In re Syncor ERISA Litigation

Posted on March 04, 2008
In In re Syncor ERISA Litigation, ___ F.3d ___ (9th Cir. Feb. 17, 2008), the Ninth Circuit held that the district court abused its discretion by refusing to conduct a Rule 23(e)(2) preliminary approval hearing after the parties notified the...

New UCL "unfair" and "fraudulent" prong decision: Puentes v. Wells Fargo Home Mortgage, Inc.

Posted on March 03, 2008
In Puentes v. Wells Fargo Home Mortgage, Inc., ___ Cal.App.4th ___ (Feb. 28, 2008), the Court of Appeal (Fourth Appellate District, Division One), held that the trial court did not err by granting the defendant's summary judgment motion as to...

Reminder: CAOC/SFTLA/BASF class action seminar Wednesday in San Francisco

Posted on March 02, 2008
Please come to the 2nd Annual Class Action Seminar: Class Actions from the Plaintiff's Perspective, jointly sponsored by CAOC, SFTLA and BASF. The seminar is this Wednesday, March 5, 9:00 a.m. to 2:00 p.m. in San Francisco, and will be...

Teleseminar: "Pumping Up Your Online Presence with a Blog"

Posted on March 01, 2008
On Thursday, March 6, 2008 at 10:00-11:30 a.m. Pacific, the ABA Center for Continuing Legal Education will present a teleseminar called "Pumping Up Your Online Presence with a Blog." From the course description: This program will address the growing ?blogosphere?...

Articles in January/February 2008 issue of Forum

Posted on February 29, 2008
The January/February 2008 issue of Forum, the magazine of Consumer Attorneys of California, recently arrived in the mail. Two articles are of particular interest: H. Scott Leviant and Jason E. Barsanti, "Maximize Recovery in Unpaid Wage Cases" (discussing use of...

BREAKING NEWS: Supreme Court to issue private attorney general doctrine opinion tomorrow: Olson v. Autombile Club of Southern California

Posted on February 27, 2008
Tomorrow morning at 10:00 a.m., the Supreme Court will release its opinion in a case involving Code of Civil Procedure section 1021.5, the private attorney general doctrine: Olson v. Automobile Club of Southern California, no. S143999 (argued in San Francisco...

Reminder: Will Stern's UCL conference tonight in San Francisco and tomorrow in Los Angeles

Posted on February 26, 2008
It is not too late to register to attend Will Stern's annual UCL seminar, sponsored by the Rutter Group. It will take place tonight in San Francisco and tomorrow night in Los Angeles. Will's co-speakers will be Sharon J. Arkin...

Supplemental letter briefs from In re Tobacco II Cases

Posted on February 25, 2008
Many thanks to the blog reader who forwarded copies of the supplemental letter briefs filed in In re Tobacco II Cases, no. S147345, the case in which the Supreme Court will address whether reliance is an element of a UCL...

New UCL "injury in fact" decision: Animal Legal Defense Fund v. Mendes

Posted on February 22, 2008
In Animal Legal Defense Fund v. Mendes, ___ Cal.App.4th ___ (Feb. 15, 2008), the Court of Appeal (Fifth Appellate District) held that the plaintiffs?two consumers of dairy products?lacked standing to pursue a UCL claim against ranchers who allegedly confined dairy...

"§17200 Practice - Life After Prop. 64"

Posted on February 22, 2008
The Rutter Group's annual conference on the UCL, featuring William L. Stern of Morrison & Forester, is coming up on Tuesday, February 26, in San Francisco, and Wednesday, February 27, in Los Angeles. Both programs run from 6:00 to 9:15...

Thanks for tuning in!

Posted on February 21, 2008
Thanks to those who signed up and listened to the law blogging webcast this morning, which just concluded moments ago. I hope I will hear feedback from some of you by email (uclpractitioner@gmail.com) or perhaps in the comments to this...

Can a UCL "unlawful" prong claim be predicated on out-of-state law?

Posted on February 21, 2008
I have been asked before whether a UCL "unlawful" prong claim may be predicated on the defendant's violation of the law of another state. California case law is very clear that the UCL prohibits "any practices forbidden by law, be...

Reminder: Law blogging webinar tomorrow

Posted on February 20, 2008
Registration is still open for tomorrow's West Legalworks webinar, "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." The webinar is from 9:00-10:30 a.m. Pacific. I will be one of the speakers, along with J. Craig Williams...

Review denied in class certification case: Lewis v. Robinson Ford Sales

Posted on February 20, 2008
During its conference last week, the Supreme Court declined to review the Court of Appeal's decision in Lewis v. Robinson Ford Sales, Inc., 156 Cal.App.4th 359 (2007). In that case, the Court of Appeal (Fourth Appellate District, Division One) reversed...

Two new decisions on private attorney general doctrine attorneys' fees: Adoption of Joshua S. and Roybal v. Governing Board

Posted on February 19, 2008
Two new decisions construing the private attorney general doctrine of Code of Civil Procedure section 1021.5 have recently been handed down. In Adoption of Joshua S., ___ Cal.4th ___ (Jan. 24, 2008), the Supreme Court held that "section 1021.5 does...

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