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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
Oceguera v. Cohen
No substantial compliance where sole licensed partner disassociates from the partnership and remaining partners fail to obtain license prior to construction project.
Business Law Mar. 26, 2009
Rowe v. Educational Credit Management Corp.
Where guaranty agency acted solely as collection agent, collection activity was not 'incidental to' fiduciary obligation.
Business Law Mar. 19, 2009
Federal Trade Commission v. Stefanchik
Summary judgment proper where Federal Trade Commission had overwhelming evidence of deceptive claims by real estate telemarketer.
Business Law Mar. 16, 2009
Grodensky v. Artichoke Joe's Casino
Casino floor managers not barred from receiving portions of mandatory tip pool because they are not employer's agents.
Business Law Mar. 13, 2009
Menke v. DaimlerChrysler Motors Co.
Prospective transferee of car dealer franchise has no standing to sue under Vehicle Code Section 11713.3(e).
Business Law Mar. 10, 2009
Kwikset Corporation v. Superior Court (Benson)
Actual economic injury must be shown for standing to sue in unfair competition and false advertising cases.
Business Law Mar. 3, 2009
Maldonado v. Morales
Challenge to injunction is moot where amendment to California's Outdoor Advertising Act remedied constitutional issue.
Business Law Mar. 2, 2009
Davis v. HSBC Bank Nevada N.A.
Substantial predominance of nationwide retailer not established when amount of corporate activity is due solely to California's larger population and size.
Business Law Mar. 2, 2009
Citizens of Humanity v. Costco Wholesale Corp.
Manufacturer properly alleges cause of action against warehouse store for sale of stolen property.
Business Law Feb. 12, 2009
Meyer v. Sprint Spectrum LP
California Consumer Legal Remedies Act requires showing that plaintiff has been damaged by unlawful practice.
Business Law Jan. 30, 2009
United States v. Eurodif S. A.
Commerce Department properly aims to preserve effectiveness of antidumping duties.
Business Law Jan. 26, 2009
Hauk v. JP Morgan Chase Bank USA
Plaintiff prevails on UCL claim where credit review should have alerted credit card company to information concerning balance transfer offer.
Business Law Jan. 25, 2009
Pineda v. Bank of America
Labor Code Section 203 penalties may not be recovered as restitution under Business and Professions Code Section 17203.
Business Law Jan. 22, 2009
Ramkissoon v. AOL
California residents are exempt from forum selection clause denoting Virginia state courts as only fora for dispute resolution.
Business Law Jan. 19, 2009
Paduano v. American Honda Motor Co. Inc.
Plaintiff presents triable issues of fact with respect to veracity of Honda's brochure assertions regarding Civic Hybrid's fuel efficiency.
Business Law Jan. 12, 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 Jan. 5, 2009
Baudino v. SCI California Funeral Services Inc.
Cash advance items are those expressly or impliedly represented as procured on behalf of customer at price paid by funeral provider.
Business Law Dec. 26, 2008
Party City Corp. v. Superior Court (Palmer)
Zip codes do not fall within definition of 'personal identification information' for purposes of Song-Beverly Credit Card Act.
Business Law Dec. 22, 2008
McDonald v. Coldwell Banker
Potential home buyer who does not meet terms of seller fails to establish prima facie claim of discrimination against listing agents.
Business Law Sep. 11, 2008
American Bankers Association v. Lockyer
Preempted applications of California Financial Information Privacy Act's affiliate-sharing provision must be severed from existing non-preempted applications.
Business Law Sep. 5, 2008
Cable Connection Inc. v. Directv Inc.
California Arbitration Act allows for alteration of scope of judicial review for arbitration decisions if incorporated in express agreement.
Business Law Aug. 26, 2008
Yabsley v. Cingular Wireless LLC
Safe harbor in California Code of Regulations Section 1585 protects cellular phone retailer basing taxes on phone’s original rather than discounted price.
Business Law Aug. 19, 2008
Peck v. Cingular Wireless
State claim regarding imposition of business tax line item charge is not preempted by Federal Communications Act.
Business Law Aug. 8, 2008
Bodine v. Graco Inc.
Purchaser of truck rendered dangerous to drive does not have claim under Motor Vehicle Information and Cost Savings Act.
Business Law Jul. 25, 2008
Peterson v. Cellco Partnership
Demurrer to UCL claim is properly sustained where plaintiffs failed to demonstrate actual economic injury.
Business Law Jul. 23, 2008
Nationwide Asset Services Inc. v. DuFauchard
Prorater who constructively receives customers' money to disburse among creditors cannot do business without license from Commissioner of Corporations.
Business Law Jul. 16, 2008
Ball v. Fleetboston Financial Corp.
Trial court properly denies plaintiff leave to amend complaint based on credit card agreement that is not covered by Consumer Legal Remedies Act.
Business Law Jul. 9, 2008