Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
06-15503
|
Reichert v. National Credit Systems Inc.
Debt collector fails to establish bona fide error defense under Fair Debt Collection Practices Act. |
Business Law |
|
Jul. 8, 2008 | |
B202773
|
Absher v. Autozone Inc.
Statute preventing merchants from requesting personal information from customers using credit cards cannot apply to refunds on merchandise purchased by credit cards. |
Business Law |
|
Jun. 30, 2008 | |
G038807
|
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 |
|
Jun. 10, 2008 | |
G038807
|
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 | |
06-15653
|
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 | |
B195641
|
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 | |
G038373
|
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 | |
06-56370
|
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 | |
04-56230
|
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 | |
B195641
|
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 | |
G038373
|
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 | |
A118541
|
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 | |
D049800
|
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 | |
G038373
|
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 | |
07-205
|
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 | |
B192382
|
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 | |
B195317
|
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 | |
B191590
|
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 | |
05-15121
|
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 | |
C053098
|
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 | |
06-84
|
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 | |
06-84
|
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 | |
S142947
|
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 | |
S142947
|
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 | |
04-56230
|
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 | |
G037056
|
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 | |
04-16387
|
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 | |
F048123
|
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 | |
A105222
|
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 | |
A109257
|
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 |