Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D055228
|
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 | |
07-56672
|
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 | |
D055228
|
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 | |
B209979
|
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 | |
09-35183
|
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 | |
A116248
|
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 | |
A122765
|
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 | |
C058356
|
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 | |
B204047
|
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 | |
D054355
|
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 | |
G038539
|
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 | |
D054355
|
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 | |
D053162
|
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 | |
B206788
|
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 | |
D054336
|
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 | |
07-35979
|
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 | |
B198827
|
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 | |
D054207
|
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 | |
S163577
|
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 | |
C050294
|
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 | |
08-35493
|
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 | |
E045443
|
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 | |
G039922
|
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 | |
B212512
|
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 | |
07-35414
|
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 | |
S147345
|
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 | |
07-35417
|
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 | |
B201556
|
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 | |
B205608
|
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 | |
07-35046
|
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 |