'Unfairness' in consumer protection cases: the latest from the California Supreme Court

Health Care

Capito v. San Jose Healthcare System, LP

Hospitals have no duty under the UCL or CLRA to disclose fees for evaluation and management services (EMS) prior to treating emergency room patients.

Kasky v. Nike Inc.

Order

Constitutional Law

Kasky v. Nike Inc.

Public relations campaign to counteract accusations that company engaged in exploitive labor practices is not commercial speech under First Amendment.

Torts

Stop Youth Addiction Inc. v. Lucky Stores Inc.

Organization can pursue unlawful business practices claim against supermarket for allegedly selling cigarettes to minors.

Business Law

Kwikset Corp. v. Superior Court (Benson)

Consumer who purchased product based on manufacturer’s misrepresentation has standing under Proposition 64 due to loss of money.

Kraus v. Trinity Management Services Inc.

Review granted

Business Law

Kraus v. Trinity Management Services Inc.

Disgorgement into fluid recovery fund is not remedy available in representative Unfair Competition Law actions.

Real Property

Kraus v. Trinity Management Services, Inc.

Landlord's 'tenant initiation expense reimbursement' fee is an illegal security.

Cel-Tech Communications Inc. v. Los Angeles Cellular Telephone Co.

Review granted

Antitrust

Cel-Tech Communications Inc. v. Los Angeles Cellular Telephone Co.

Cellular telephone provider's practice of selling phones below cost can constitute unfair competition.

Torts

McCann v. Lucky Money Inc.

Currency exchange business is not obligated to disclose profits or rate at which it purchases foreign currency to customers.

Civil Procedure

Bernardo v. Planned Parenthood Federation of America

Trial court properly granted defendant's motion to strike complaint under anti-SLAPP statute because plaintiff failed to show probability of prevailing.

Business Law

Schnall v. The Hertz Corp.

Lawsuit, alleging that car rental company concealed exorbitant fuel rates charged customers, sufficiently states claim for unfair and fraudulent business practices.

Civil Procedure

Nationwide Biweekly Administration, Inc. v. Superior Court (People)

Causes of actions under the Unfair Competition Law and False Advertising Law seeking injunctive relief and civil penalties have no right to a jury trial because 'the gist of the actions' ...

Insurance

Zhang v. Superior Court (California Capital Insurance Co.)

Commercial property owner may sue insurer that disputed coverage for fire damage where her claims were not based on Unfair Insurance Practices Act violations.

Torts

Drum v. San Fernando Valley Bar Association

Bar association does not violate unfair competition law by denying sale of membership list to mediator competing with some of its members.

Civil Procedure

Ticconi v. Blue Shield of California Life & Health Insurance Co.

Unclean hands defense cannot defeat class certification in UCL action where insurer rescinds policy based on alleged misrepresentations in unattached application.

Business Law

Bardin v. Daimlerchrysler Corp.

In unfair business practices case, plaintiffs' claims do not meet 'unfair' definition where they did not claim personal injury or warranty violations.

Contracts

Progressive West Insurance Co. v. Superior Court (Preciado)

Insurance company's demurrer is proper where insured fails to state causes of action for breach of contract and covenant of good faith.

Business Law

Walker v. Countrywide Home Loans Inc.

Practice of charging delinquent borrowers with property inspection costs does not violate unfair competition law.

Smith v. State Farm Mutual Automobile Insurance Co.

Insurance

Community Assisting Recovery Inc. v. Aegis Security Insurance Co.

Insurance companies did not commit unfair business practices in using particular method to assess property loss.

Real Property

Graham v. Bank of America N.A.

Homeowner may not sue banks for fraud based on appraisal stating value of home was increasing, because appraisal was mere opinion for lenders’ benefit.

Employment Law

Aleksick v. 7-Eleven Inc.

Unfair competition law claim for Labor Code wage dispute against payroll company cannot be maintained where no employer-employee relationship exists.

Business Law

Lopez v. Nissan North America Inc.

Plaintiffs’ claim that car manufacturer overregistered mileage fails where manufacturer’s miscalibration of odometer was within applicable tolerance standard and not deliberate.

Insurance

Durell v. Sharp Healthcare

Uninsured patient must show actual reliance on alleged misrepresentations to have standing under unfair competition law.

Government

In re Firearm Cases

Cities' lawsuit against handgun manufacturers for unfair business practices and public nuisance was properly dismissed.

Business Law

Davis v. Ford Motor Credit Co.

Creditor who applies new payments to outstanding installments, causing current installments to incur late fees, does not violate Reese-Levering’s fee ‘pyramiding’ prohibition.

Insurance

Camacho v. Automobile Club of Southern California

Uninsured driver fails to plead facts that demonstrate insurance companies engaged in unfair business practices.

Insurance

Camacho v. Automobile Club of Southern California

Uninsured motorist at fault in accident failed to demonstrate that party's insurer's attempts to collect monies due was unfair practice.