Class Action

New UCL "unlawful" prong decision: Nelson v. Pearson Ford Co.

Posted on July 19, 2010
In Nelson v. Pearson Ford Co., ___ Cal.App.4th ___ (Jul. 15, 2010), the Court of Appeal (Fourth Appellate District, Division One) addressed a number of interesting UCL-related issues. The most interesting one is the class representative's standing in an "unlawful"...

Southern California Appellate News speculates on possible Supreme Court nominees

Posted on July 17, 2010
Nate Scott, a Senior Attorney for the Fourth Appellate District, Division Three, is the author of Southern California Appellate News, providing "news and resources for the Southern California appellate lawyer, featuring the Second and Fourth District Courts of Appeal...

New UCL public prosecutor decision: People ex rel. City of Santa Monica v. Gabriel

Posted on July 16, 2010
The Court of Appeal's opinion in People ex rel. City of Santa Monica v. Gabriel, ___ Cal.App.4th ___ (Jul. 14, 2010) (Second Appellate District, Division One) has two holdings of note. First, sexual harassment of a residential tenant by her...

"Price-Fixing Defense Gets Thumbs Down"

Posted on July 14, 2010
Yesterday's Daily Journal had a story (no link available) by Laura Ernde on Monday's Supreme Court ruling in Clayworth v. Pfizer, Inc., ___ Cal.4th ___ (Jul. 12, 2010). An excerpt: The ruling could prompt more retailers to file price-fixing suits...

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Chief Justice Ronald George announces he will retire in January

Posted on July 14, 2010
News is passing across the wire that Chief Justice George has announced that he will not seek reelection in November and will retire in January. UPDATE: Here is the Court's official press release. It says his last day on the...

More thoughts on Clayworth v. Pfizer

Posted on July 13, 2010
Another notable part of Clayworth v. Pfizer, Inc., ___ Cal.4th ___ (Jul. 12, 2010) is its confirmation that plaintiffs who did not purchase a product "directly" from the defendant may nonetheless bring a UCL claim and recover restitution if the...

Supreme Court hands down significant UCL decision: Clayworth v. Pfizer

Posted on July 12, 2010
The Supreme Court's decision in Clayworth v. Pfizer is now up. Clayworth v. Pfizer, Inc., ___ Cal.4th ____ (Jul. 12, 2010). After discussing the Cartwright Act claim in depth, the Court turned to the UCL, and confirmed that, to have...

Clayworth v. Pfizer opinion to be handed down Monday

Posted on July 09, 2010
Many thanks to the blog reader who emailed to advise that the Supreme Court's opinion in Clayworth v. Pfizer, Inc., no. S166435, will be handed down on Monday at 10:00 a.m., according to the Notice of Forthcoming Filings posted today....

New class settlement decision: Munoz v. BCI Coca-Cola Bottling Co.

Posted on July 07, 2010
In Munoz v. BCI Coca-Cola Bottling Co., ___ Cal.App.4th ___ (Jun. 10, 2010; pub. ord. Jul. 2, 2010), the Court of Appeal (Second Appellate District, Division Eight) affirmed an order granting final approval of a class action settlement of wage...

MCLE teleseminar on Dukes v. Wal-Mart

Posted on July 06, 2010
On Thursdsay, July 22, 2010 at noon, the State Bar's Antitrust and Unfair Competition Law Section will present a one-hour teleseminar, "The Potential Impact of Dukes on Class Certification in Antitrust and UCL Cases in the Ninth Circuit." While Dukes...

Judge Walker grants nationwide class certification in Chavez v. Blue Sky Natural Beverage Co.

Posted on June 29, 2010
Many thanks to the blog reader who forwarded Chief Judge Vaughn R. Walker's recent class certification order in Chavez v. Blue Sky Natural Beverage Co., 2010 U.S. Dist. LEXIS 60554 (N.D. Cal. Jun. 18, 2010). The order does not appear...

New class certification decision: Faulkinbury v. Boyd & Assoc., Inc.

Posted on June 28, 2010
In Faulkinbury v. Boyd & Associates, Inc., ___ Cal.App.4th ___ (Jun. 24, 2010), the Court of Appeal (Fourth Appellate District, Division Three) reversed in part and affirmed in part an order denying class certification of various wage and hour claims.

Supreme Court denies review in ninth post-Tobacco II case: Pfizer v. Superior Court (Galfano)

Posted on June 24, 2010
During its conference last week (on June 17, 2010), the Supreme Court denied review and depublication in the ninth post-Tobacco II case, Pfizer, Inc. v. Superior Court (Galfano), no. S181786. [Via Bailey Class Action Daily.]

New UCL statute of limitations opinion: Aryeh v. Canon Business Solutions, Inc.

Posted on June 23, 2010
Many thanks to the reliable JS for emailing me about Aryeh v. Canon Business Solutions, Inc., ___ Cal.App.4th ___ (Jun. 22, 2010), in which the Court of Appeal (Second Appellate District, Division Eight) addressed the UCL's statute of limitations. The...

MCLE teleseminar Monday, June 28: "Navigating the Waters: Understanding the Intricacies of the UCL and CLRA"

Posted on June 23, 2010
The State Bar's Antitrust and UCL Section, along with the ABA, will present "Navigating the Waters: Understanding the Intricacies of California?s Unfair Competition Law and Consumers Legal Remedies Act" on Monday, June 28, 2010 at 9:00-10:00 a.m. Pacific...

Supreme Court takes up attorney work product case: Coito v. Superior Court (State of California)

Posted on June 10, 2010
Although not strictly related to the UCL or class action practice, the Supreme Court's grant of review yesterday in Coito v. Superior Court (State of California), no. 181712, is of interest. The case will address the extent to which the...

Appellate practice MCLE program tonight in San Francisco

Posted on June 03, 2010
Tonight, the Appellate Section of the Barristers Club of the Bar Association of San Francisco will present "Views from the Bench: Best Practices in Appellate Advocacy," featuring Ninth Circuit Court of Appeals Judges Carlos T. Bea and William A. Fletcher...

U.S. Supreme Court grants cert. in class arbitration case: AT&T Mobility LLC v. Concepcion

Posted on June 02, 2010
Last week, on May 24, 2010, the U.S. Supreme Court granted cert. in AT&T Mobility LLC v. Concepcion, no. 09-893. The Ninth Circuit's opinion in this case was Laster v. AT&T Mobility LLC, 584 F.3d 849 (2009), affirming an order...

New opinion on class arbitration: Arguelles-Romero v. Superior Court

Posted on June 01, 2010
In Arguelles-Romero v. Superior Court (AmeriCredit Financial Services, Inc.), ___ Cal.App.4th ___ (May 13, 2010; modified May 20, 2010), the Court of Appeal (Second Appellate District, Division Three) addressed a no-class-action arbitration clause. The opinion contains an interesting discussion of...

New class certification decision: Bomersheim v. Los Angeles Gay and Lesbian Center

Posted on May 27, 2010
In Bomersheim v. Los Angeles Gay and Lesbian Center, ___ Cal.App.4th ___ (May 26, 2010), the Court of Appeal (Second Appellate District, Division One) reversed an order denying class certification of a negligence claim against a medical clinic that gave...

New Seventh Circuit class certification decision: Pella Corp. v. Saltzman

Posted on May 24, 2010
Here's a rare Seventh Circuit opinion affirming an order granting class certification in a consumer fraud case:While consumer fraud class actions present challenges that a district court must carefully consider, there are circumstances where certification is appropriate...

New Ninth Circuit FTC Act opinion: FTC v. Neovi, Inc.

Posted on May 19, 2010
In Federal Trade Commission v. Neovi, Inc., ___ F.3d ___ (9th Cir. May 14, 2010), the Ninth Circuit construed the Federal Trade Commission Act, 15 U.S.C. § 45(n). The opinion is an interesting one, especially to the extent that some...

New UCL preemption decision: Parks v. MBNA America Bank, N.A.

Posted on May 14, 2010
Many thanks to the blog reader who wrote to draw my attention to Parks v. MBNA America Bank, N.A., ___ Cal.App.4th ___ (May 12, 2010). In Parks, the Court of Appeal (Fourth Appellate District, Division Three) held that federal law...

Three cases of interest set for oral argument in late May and June

Posted on May 13, 2010
The Supreme Court has set three cases of interest for argument on its late May and June calendars. Tuesday, May 25, 2010, 9:00 a.m. (San Francisco): Lu v. Hawaiian Gardens Casino, Inc., no. S171442. This case addresses whether Labor Code...

Two upcoming MCLE programs

Posted on May 12, 2010
Two MCLE programs of interest are coming up in San Francisco next week, including one at which I am speaking: Tuesday, May 18, 2010, 12:00-1:30 p.m.: Settling, or Not Settling, Antitrust Cases, sponsored by the Bar Association of San Francisco's...

New Ninth Circuit CAFA opinion: United Steel v. Shell Oil Co.

Posted on May 11, 2010
On April 21, 2010, the Ninth Circuit handed down a new CAFA opinion, United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC v. Shell Oil Co., ___ F.3d ___ (9th Cir. Apr....

New UCL competitor decision: Silvaco Data Systems v. Intel Corp.

Posted on May 10, 2010
Silvaco Data Systems v. Intel Corp., ___ Cal.App.4th ___ (Apr. 29, 2010) is a case for misappropriation of trade secrets in which the plaintiff also brought a UCL claim. See pp. 37-41 for the Sixth District's discussion of standing (which,...

Oral argument report: County of Santa Clara v. Superior Court (Atlantic Richfield Co.)

Posted on May 07, 2010
On Wednesday, May 5, 2010, the Supreme Court heard oral argument in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. Justices Baxter and Corrigan were both recused. Justice Maria P. Rivera of the First Appellate District,...

"Public-Private Suits May Get Justices' OK"

Posted on May 06, 2010
Here is the Recorder's report on yesterday's oral argument in County of Santa Clara v. Superior Court (Atlantic Richfield Co.).

Recent U.S. Supreme Court cases of interest: Purdue and Stolt-Nielsen

Posted on May 06, 2010
I attended yesterday's argument in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), but I have not yet had time to write up my report. Meanwhile, the U.S. Supreme Court has handed down two decisions of interest over...

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