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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
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
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
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
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