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The TJX Companies Inc. v. Superior Court (Caldwell)
Actions under Song-Beverly Act of 1971 Section 1747.08 are barred by one-year statute of limitations and do not cover merchandise returns.
Business Law May 23, 2008
Nationwide Transport Finance v. Cass Information Systems Inc.
Because UCC Section 9-406 applies to shippers, agent properly required company to enter into hold harmless agreement as condition of payment.
Business Law Apr. 29, 2008
O'Brien v. Camisasca Automotive Manufacturing Inc.
Pursuant to Proposition 64, plaintiff lacks standing where any alleged misrepresentation concerning product’s origin did not induce plaintiff to purchase product.
Business Law Apr. 25, 2008
Dominguez v. American Suzuki Motor Corp.
Aggrieved consumer is not entitled to attorney fees when manufacturer repurchases product from consumer in compliance with Song Beverly Consumer Warranty Act.
Business Law Apr. 7, 2008
Satey v. JPMorgan Chase & Co.
Purported victim of identity theft does not have claim against credit card company not deemed 'claimant' under California Civil Code.
Business Law Apr. 1, 2008
Dennis v. BEH-1 LLC
Credit reporting agency not liable under Fair Credit Reporting Act, in relying on inaccurate public records.
Business Law Mar. 31, 2008
O'Brien v. Camisasca Automotive Manufacturing Inc.
Pursuant to Proposition 64, plaintiff lacks standing where any alleged misrepresentation concerning product’s origin did not induce plaintiff to purchase product.
Business Law Mar. 28, 2008
Dominguez v. American Suzuki Motor Corp.
Aggrieved consumer is not entitled to attorney fees when manufacturer repurchases product from consumer in compliance with Song Beverly Consumer Warranty Act.
Business Law Mar. 11, 2008
Buller v. Sutter Health
Plaintiff failed to state cause of action under 'fraud' component of Unfair Competition Law because patients had no expectation of receiving discounts.
Business Law Mar. 6, 2008
Puentes v. Wells Fargo Home Mortgage Inc.
Wells Fargo's calculation of 'yearly' interest rate on home mortgage comports with industry standards and is not unfair business practice.
Business Law Feb. 29, 2008
Dominguez v. American Suzuki Motor Corp.
Aggrieved consumer is not entitled to attorney fees when manufacturer repurchases product from consumer in compliance with Song Beverly Consumer Warranty Act.
Business Law Feb. 18, 2008
Opinion of Brown
Vehicle-tracking device constitutes 'theft-deterrent device' for purposes of Rees-Levering Motor Vehicle Sales and Finance Act.
Business Law Nov. 11, 2007
Isip v. Mercedes-Benz USA
Trial court did not err in refusing Mercedes-Benz's proposed jury instruction on implied warranty of merchantability.
Business Law Sep. 12, 2007
Shersher v. Superior Court (Microsoft Corp.)
UCL does not condition recovery of restitution on plaintiff having made 'direct' payments to defendant who is alleged to have engaged in false advertising.
Business Law Sep. 10, 2007
WRI Opportunity Loans II LLC v. Cooper
Construction loan including additional interest in property’s appreciation and profits is not exempt from usury law where additional interest is essentially guaranteed.
Business Law Aug. 27, 2007
Guerrero v. RJM Acquisitions LLC
Court erroneously finds that debt purchaser continued collection efforts in violation of Fair Debt Collection Practices Act.
Business Law Aug. 24, 2007
Morgan Creek Residential v. Kemp
Developer is not entitled to contribution from guarantors because letter of credit is not valid form of suretyship obligation.
Business Law Jul. 24, 2007
Safeco Insurance Co. of America v. Burr
Insurance company does not violate statute where willful failure covers violation committed in reckless disregard of notice obligation.
Business Law Jun. 8, 2007
Safeco Insurance Co. of America v. Burr
Insurance company does not violate statute where willful failure covers violation committed in reckless disregard of notice obligation.
Business Law Jun. 8, 2007
Zengen Inc. v. Comerica Bank
California's Uniform Commercial Code displaces other common law causes of action in case where company CFO embezzled and disappeared with $4.6 million.
Business Law Jun. 4, 2007
Zengen Inc. v. Comerica Bank
California's Uniform Commercial Code displaces other common law causes of action in case where company CFO embezzled and disappeared with $4.6 million.
Business Law Jun. 4, 2007
Dennis v. BEH-1 LLC
Credit reporting agency not liable under Fair Credit Reporting Act, in relying on inaccurate public records.
Business Law May 11, 2007
Cryoport Systems v. CNA Insurance Companies
Non-member may not file class action and use precertification discovery to obtain and substitute appropriate plaintiff in order to avoid UCL's standing requirements.
Business Law Apr. 11, 2007
Af-Cap Inc. v. Chevron Overseas (Congo) Limited
Dismissal of garnishment action is proper where obligations identified by plaintiff are not property of defendant used for commercial activity.
Business Law Mar. 29, 2007
Robertson v. Fleetwood Travel Trailers of California Inc.
Travel trailer owners were entitled to damages where dealer violated refund-or-replace provisions of Song-Beverly Act.
Business Law Mar. 28, 2007
Schwartz v. Visa International Service Association
Recent amendments to Unfair Competition Law that became effective while appeal was pending bar present action.
Business Law Mar. 27, 2007
Hartford Fire Ins. Co. v. Superior Court (Turner)
Repeal of statute did not retroactively affect vested right because there was no final judgment.
Business Law Mar. 22, 2007
Schulz v. Neovi Data Corp.
Victim of internet scam can sue payment processor used to pay funds to website.
Business Law Mar. 22, 2007
Park City Services Inc. v. Ford Motor Co. Inc.
Business that has not registered any motor vehicles in California is not entitled to relief under Song-Beverly Consumer Warranty Act.
Business Law Mar. 20, 2007
Duale v. Mercedes-Benz USA
If plaintiff fails to obtain more favorable judgment after rejecting statutory settlement offer, he may not recover post-offer attorney fees under Song-Beverly Act.
Business Law Mar. 19, 2007