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Caron v. Mercedes-Benz
Arbitration clause in contract is not invalidated by class action waiver clause because federal law favoring arbitration preempts Consumers Legal Remedies Act.
Business Law Aug. 1, 2012
Wohlgemuth v. Caterpillar Inc.
Under Song-Beverly Consumer Warranty Act, attorney fees award to prevailing party is proper because dismissal with prejudice equates to final judgment.
Business Law Jul. 24, 2012
Pierce v. Western Surety Co.
Surety must pay attorney fees to prevailing party under consumer statute action, rather than under contract theory.
Business Law Jun. 24, 2012
Riggs v. Prober & Raphael, A Law Corp.
Debt collection letter does not violate Fair Debt Collection Practices Act where letter's language only implicitly demanded written response.
Business Law Jun. 10, 2012
City of Colton v. Singletary
Anti-SLAPP motion is properly granted as to unfair business practices claim alleging party filed suit to enforce contract procured by bribery.
Business Law May 30, 2012
Pom Wonderful LLC v. The Coca-Cola Co.
Juice manufacturer’s Lanham Act claim alleging that name and labeling of competing juice beverage are deceptive is barred by FDA regulations.
Business Law May 17, 2012
People v. E*Poly Star Inc.
Trial court errs in sustaining demurrer on statute of limitations ground where each allegation of unfair competition constituted separate transaction with its own accrual date.
Business Law May 14, 2012
Medrazo v. Honda of North Hollywood
Motorcycle dealer is not entitled to judgment on unfair competition law claim alleging dealer failed to attach hanger tags showing dealer-added charges to motorcycles.
Business Law Apr. 18, 2012
Balsam v. Trancos, Inc.
Internet advertising company violates anti-spam law where it sends e-mail advertisements listing fake companies as sender to avoid being identified as true source.
Business Law Mar. 21, 2012
Cruz v. International Collection Corp.
Collection letters sent by debt collectors are false and misleading because they added interest and fees not permitted by Nevada law.
Business Law Mar. 8, 2012
State of Nevada v. Bank of America
Removal of attorney general enforcement action alleging violations of Nevada Deceptive Trade Practices Act is improper because of lack of federal question jurisdiction.
Business Law Mar. 6, 2012
Willard v. AT&T Communications of California Inc.
Judicial review of telephone company's fees for nonpublished and unlisted services is inappropriate because court would be required to consider complex economic policy.
Business Law Mar. 6, 2012
Kurwa v. Kislinger
Doctor breaches fiduciary duty to business partner where he induces clients to terminate contracts and enter into exclusive agreements with his corporation.
Business Law Mar. 5, 2012
Klein v. Chevron USA Inc.
Trial court abuses discretion by abstaining where consumers had no other means of resolving harms caused by potentially deceptive motor fuel sales practice.
Business Law Feb. 26, 2012
Balsam v. Trancos Inc.
Internet advertising company violates anti-spam law where it sends e-mail advertisements listing fake companies as sender to avoid being identified as true source.
Business Law Feb. 26, 2012
Wilson v. Hewlett-Packard Co.
Under Consumer Legal Remedies Act, fraudulent concealment claim is properly dismissed because manufacturer did not have duty to disclose absent affirmative misrepresentation or safety concerns.
Business Law Feb. 17, 2012
Klein v. Chevron USA Inc.
Trial court abuses discretion by abstaining where consumers had no other means of resolving harms caused by potentially deceptive motor fuel sales practice.
Business Law Jan. 26, 2012
Mims v. Arrow Financial Services LLC
Private actions for violations of Telephone Consumer Protection Act may be brought in federal courts despite grant of jurisdiction to state courts.
Business Law Jan. 19, 2012
Alvarez v. Brookstone Co. Inc.
State Supreme Court decision, which prohibited requesting and recording of ZIP code as part of credit card transaction, applies retrospectively.
Business Law Jan. 19, 2012
CompuCredit Corp. v. Greenwood
Arbitration provision in contract with credit repair organization is enforceable because Credit Repair Organizations Act does not override requirement to enforce such agreements.
Business Law Jan. 11, 2012
Collins v. eMachines Inc.
Computer manufacturer’s active concealment of known defect in its computer violates Consumer Legal Remedies Act’s proscription against deceptive practices.
Business Law Dec. 29, 2011
Collins v. eMachines Inc.
Computer manufacturer’s active concealment of known defect in its computer violates Consumer Legal Remedies Act’s proscription against deceptive practices.
Business Law Dec. 23, 2011
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.
Business Law Dec. 6, 2011
Davis-Miller v. Automobile Club of Southern California
Court properly denies class certification in action alleging motor club engaged in false advertising and unnecessarily replaced batteries because common issues did not prevail.
Business Law Nov. 25, 2011
Duncan v. The McCaffrey Group Inc.
Parol evidence rule does not apply to false advertising claim where allegations on which plaintiffs relied were not offered to vary, alter, or add to terms of contract.
Business Law Oct. 31, 2011
Degelmann v. Advanced Medical Optics Inc.
Medical Devices Amendments of 1976 preempt unfair competition and false advertising claims related to labeling requirements contained on contact lens solution.
Business Law Sep. 28, 2011
Joyce v. Ford Motor Co.
New motor vehicle falls within Song-Beverly Consumer Warranty Act’s refund-or-replace provision despite 'gross vehicle weight rating' of 10,000 pounds.
Business Law Sep. 7, 2011
Alvarez v. Chevron Corp.
Class action alleging that design of retail gasoline dispensers is flawed due to residual fuel occurrence fails because California’s regulatory scheme precludes liability.
Business Law Sep. 2, 2011
Stearns v. Ticketmaster Corp.
Denial of class certification for Unfair Competition Law claim is improper because court held that claim required individualized proof of reliance and causation.
Business Law Aug. 23, 2011
Howard v. Criminal Information Services Inc.
Under Driver's Privacy Protection Act, businesses may purchase and stockpile driver record information for permitted uses under statute.
Business Law Aug. 16, 2011