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People v. Overstock.com Inc.
Penalties imposed against Overstock under both unfair competition law and the False Advertising Law not constitutionally disproportionate to its culpability.
Business Law Jun. 5, 2017
Hardwick v. Wilcox
When lender charges usurious interest on series of loans, judgment in favor of borrower proper and usurious interest payments serve to offset principal debt.
Business Law May 24, 2017
Friedman v. AARP Inc.
AARP must face unfair competition action filed by retiree who accused it of transacting and soliciting insurance without a license following erroneous dismissal.
Business Law May 4, 2017
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Garfield Beach CVS LLC)
Underage decoy's lack of response regarding store clerk's statement does not warrant reversal of store's license suspension for selling beer to decoy.
Business Law Jan. 17, 2017
Goonewardene v. ADP LLC
Plaintiff should have been granted leave to amend complaint where she states claims for breach of contract based on third party beneficiary theory, negligence, and negligent misrepresentation.
Business Law Nov. 29, 2016
Goles v. Sawhney
Average of three different appraisal determinations does not constitute 'fair value' for purposes of majority shareholders buyout to avoid corporate dissolution.
Business Law Nov. 22, 2016
Goonewardene v. ADP LLC
Plaintiff should have been granted leave to amend complaint where she states claims for breach of contract based on third party beneficiary theory, negligence, and negligent misrepresentation.
Business Law Nov. 6, 2016
Kimzey v. Yelp! Inc.
Communications Decency Act immunizes Yelp! from liability arising from negative reviews posted on Yelp despite locksmith's 'creative' pleading.
Business Law Sep. 12, 2016
Hub Construction Specialties Inc. v. Esperanza Charities Inc.
Where defendant admits notice was served in statutorily prescribed manner, plaintiff not required to comply with statutory requirements proving notice was served in such manner.
Business Law Feb. 10, 2016
Pacific Caisson & Shoring v. Bernards Bros. Inc.
Contractor whose license was suspended for failing to notify state licensing board of judgment against it is not entitled to recover for work performed under the 'substantial compliance exception.'
Business Law May 20, 2015
Direct Marketing Association v. Brohl
Tax Injunction Act does not deprive federal court of jurisdiction over case involving Colorado’s sales and user tax notice and reporting requirements.
Business Law Mar. 3, 2015
Fischer v. Time Warner Cable Inc.
Time Warner Cable subscribers lose out on class action involving addition of three sports channels for Lakers and Dodgers games.
Business Law Feb. 23, 2015
Lopez v. Asbury Fresno Imports LLC
Dealership that negotiates sale of car in English with Spanish-speaking buyer, who brings own translator, is not required to provide Spanish translation of contract.
Business Law Feb. 9, 2015
Two Jinn Inc. v. Government Payment Service Inc.
Bail agent lacks standing to sue electronic funds transfer service provider under California’s UCL.
Business Law Feb. 5, 2015
MacQuiddy v. Mercedes-Benz USA LLC
Mercedes-Benz’s offer to repurchase car in ‘undamaged condition’ makes ‘998 offer’ ambiguous and invalid.
Business Law Jan. 30, 2015
Lewis v. Jinon Corp.
Store selling alcohol may record birth date of purchaser using credit card without violating Song-Beverly Credit Card Act.
Business Law Jan. 14, 2015
Nick v. City of Lake Forest (7-Eleven Inc.)
City may allow 7-Eleven store to obtain liquor license even though it does not offer anything unique from nearby store already selling alcohol.
Business Law Dec. 26, 2014
McGill v. Citibank N.A.
Consumer class action against Citibank N.A. must proceed to arbitration, including claims for injunctive relief for alleged consumer law violations.
Business Law Dec. 22, 2014
Flanery v. VW Credit Inc.
Lessee of repossessed vehicle may maintain lawsuit against repossessing seller for failing to provide notice required under Vehicle Leasing Act.
Business Law Dec. 18, 2014
People v. IntelliGender LLC
California’s enforcement action seeking restitution against maker of fetus gender test is enjoined by earlier class action settlement that included restitution payments.
Business Law Nov. 9, 2014
Kight v. CashCall Inc.
Class action alleging lender illegally monitored confidential conversations is decertified, given appellate ruling in same case presented change in circumstances.
Business Law Nov. 4, 2014
Bui v. Nguyen
Patient who obtained injunction against dental technician for false advertising is not entitled to attorney fees based on enforcement of right affecting public interest.
Business Law Oct. 29, 2014
Rosolowski v. Guthy-Renker LLC
Unsolicited email advertisements are not unlawfully misleading due to failure to identify sender in header line, where its identity may be found in body of email.
Business Law Oct. 29, 2014
Lunada Biomedical v. Nunez
Dietary supplement maker may not sue consumer or attorneys for declaration that it did not violate Consumer Legal Remedies Act after receiving notice of suit.
Business Law Oct. 9, 2014
Gomez v. Campbell-Edward Co.
Marketing consultant may be liable under Telephone Consumer Protection Act for unsolicited text messages sent by vendor as part of Navy's recruiting campaign.
Business Law Sep. 21, 2014
Raceway Ford Cases
Auto dealers who entered second contract with buyers after renegotiating terms may have violated Automobile Sales Finance Act by backdating second contract.
Business Law Sep. 17, 2014
Van Zant v. Apple Inc.
AT&T Mobility is not necessary party in class action against Apple related to iPhone 3G, since there is no substantial risk of inconsistent obligations with potential AT&T arbitration.
Business Law Sep. 15, 2014
Levitt v. Yelp! Inc.
Yelp avoids business owners’ civil extortion claims based on highly speculative allegations that it manipulated and authored negative online business reviews.
Business Law Sep. 2, 2014
Nguyen v. Barnes & Noble Inc.
Website's terms of use, which were posted via hyperlink at bottom of each page, fail to provide sufficient notice to consumer to require him to arbitrate claims.
Business Law Aug. 18, 2014
FTC v. Kimoto
Businessman may not be held personally liable for his company’s fraudulent Internet marketing scheme when he was in prison while scheme was developed.
Business Law Aug. 17, 2014