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Name Category Published
Nelson v. Pearson Ford Co.
Failure to disclose backdating costs in contract for sale of car violates Automobile Sales Finance Act requirement to disclose accurate annual percentage rate. 		Business Law Jul. 19, 2010
Harris v. Wachovia Mortgage FSB
Federal law does not preempt state breach of contract claim against federal savings association where agreement obligations were undertaken voluntarily. 		Business Law Jun. 21, 2010
Salenga v. Mitsubishi Motors Credit of America Inc.
Court improperly denies leave to amend where cross-complainant's claim may not have been barred by unfair competitions law's four-year statute of limitations. 		Business Law Apr. 27, 2010
PhotoMedex Inc. v. Irwin
Private plaintiff may not bring Lanham Act claim against competitor for Food Drug and Cosmetic Act violations where FDA declined to find violations. 		Business Law Apr. 15, 2010
Salenga v. Mitsubishi Motors Credit of America Inc.
Court improperly denies leave to amend where cross-complainant's claim may not have been barred by unfair competitions law's four-year statute of limitations. 		Business Law Apr. 12, 2010
Lukather v. General Motors LLC
Vehicle manufacturer, rather than buyer, has affirmative duty to offer repurchase of faulty vehicle under California’s 'lemon law.' 		Business Law Feb. 5, 2010
Donohue v. Quick Collect Inc.
Complaint served on debtor, which correctly stated total debt owed, is not misleading under Fair Debt Collection Practices Act. 		Business Law Jan. 14, 2010
Weinstat v. Dentsply International Inc.
Court erroneously decertifies class of dentists in unfair competition action based on finding that all class members must show injury in fact. 		Business Law Jan. 8, 2010
Cellphone Termination Fee Cases.
Approval of settlement in class action should be based on fairness of terms, rather than transparency of settlement process. 		Business Law Jan. 5, 2010
Bermudez v. Fulton Auto Depot LLC
Automobile dealer does not violate Automobile Sales Finance Act by slightly overestimating vehicle license fees and delaying smog check. 		Business Law Dec. 3, 2009
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. 		Business Law Nov. 22, 2009
Pineda v. Williams-Sonoma Stores Inc.
Merchant may legally request and maintain credit card holder’s zip code and later use it to find her private address. 		Business Law Nov. 2, 2009
Kaldenbach v. Mutual of Omaha Life Insurance Co.
Although individualized proof of standing is not required, commonality must exist among class members for class certification under Unfair Competition Law. 		Business Law Oct. 27, 2009
Pineda v. Williams-Sonoma Stores Inc.
Merchant may legally request and maintain credit card holder’s zip code and later use it to find her private address. 		Business Law Oct. 26, 2009
Fariba v. Dealer Services Corp.
Consignor’s interest in goods takes priority over interest of creditor that had actual knowledge of debtor-consignee’s sale of consigned goods. 		Business Law Oct. 8, 2009
Morgan v. AT&T Wireless Services Inc.
Plaintiffs allege sufficient facts for unfair competition law action where company advertised and sold phones that became essentially useless. 		Business Law Sep. 24, 2009
Powers v. Pottery Barn Inc.
Prohibition against e-mail address inquiries during credit card transactions is not preempted by Controlling Assault of Non-Solicited Pornography and Marketing Act. 		Business Law Sep. 22, 2009
Fleming v. Pickard
Judgment arising out of cause of action for wrongful conversion does not constitute 'debt' under Fair Debt Collection Practices Act. 		Business Law Sep. 11, 2009
Yabsley v. Cingular Wireless LLC
Claim for refund of allegedly unfair and misleading sales tax is barred where plaintiff failed to adhere to statutory procedures. 		Business Law Aug. 21, 2009
The Retirement Group v. Galante
Preliminary injunction containing noncompetition provision exceeds authority of California law where sufficient trade secret protection was afforded. 		Business Law Aug. 21, 2009
Imperial Merchant Services Inc. v. Hunt
Debt collector may not recover prejudgment interest after obtaining service charge on dishonored check. 		Business Law Aug. 11, 2009
Gilman v. Dalby
Attorney liens have priority over medical liens for personal injury cases regardless of when lien was created. 		Business Law Aug. 11, 2009
T-Mobile USA Inc. v. City of Anacortes
Telecommunications Act of 1996 violated where city's denial of permit to erect monopole antenna effectively prohibits provision of personal wireless services. 		Business Law Jul. 21, 2009
Mexia v. Rinker Boat Co., Inc.
Breach of implied warranty of merchantability based on undiscoverable latent defect does not impose notification requirement of one year. 		Business Law Jun. 16, 2009
Doppes v. Bentley Motors, Inc.
Prejudgment interest award against Bentley Motors Inc. for Song-Beverly Consumer Warranty Act violation is proper. 		Business Law Jun. 9, 2009
Clark v. Superior Court (National Western Life Insurance Co.)
Enhanced remedy in unfair competition lawsuit proper where claims brought by senior citizens seeking award of restitution. 		Business Law May 25, 2009
Barrer v. Chase Bank USA N.A.
Credit card company fails to clearly and conspicuously disclose basis for raising annual percentage rate. 		Business Law May 19, 2009
In re Tobacco II Cases
Proposition 64 does not require all class members to establish standing to sue under unfair competition law for class certification. 		Business Law May 18, 2009
The General Store Inc. v. Van Loan
Federal firearms dealer license is revoked for willful violations of federal and state firearms law. 		Business Law Apr. 1, 2009
The Fifth Day LLC v. Bolotin
Section 7031 does not bar unlicensed construction manager of privately owned real estate project from seeking compensation for services. 		Business Law Mar. 31, 2009
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