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Consumer Law
Consumers Legal Remedies Act
Fraudulent Misrepresentation

Khai Tu, on behalf of himself and all others similarly situated v. United Dental Corporation, United Dental Fullerton Corp., United Dental Irvine Corp., United Dental Northridge Corp., United Dental Wilshire Corporation, and Does 1 through 300, inclusive

Published: May 19, 2023 | Result Date: Nov. 16, 2022 | Filing Date: Apr. 14, 2014 |

Case number: BC542678 Settlement –  Reimbursement

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Young W. Ryu
(Loyr APC)

Gerald S. Ohn
(Law Offices of Gerald S. Ohn, APC)


Defendant

Edward W. Seo
(Lewis, Brisbois, Bisgaard & Smith LLP)

Jon P. Kardassakis
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

On February 13, 2013, Khai Tu went to United Dental Corporation's Garden Grove location wishing to get a tooth implant. According to Tu, United Dental had an advertisement for $999, but he was told that the implant would cost $2,050 and had to pay $730 that same day, which he did so. However, sometime in July 2013, Tu was sent another bill in connection with that implant. That bill reflected an outstanding balance of $2,721.50. Consequently, by August 2013, United Dental had sent bills totaling $4,880 for the implant. On April 14, 2014, Tu filed a class action suit in Los Angeles Superior against United Dental Corporation, including all its locations, and its owner Jeong Hoon Kim.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated the Consumers Legal Remedies Act, engaged in fraudulent misrepresentation and concealment, and violated false advertising and unfair business practices statutes. Specifically, plaintiff claimed that defendants engaged in the unlicensed practice of dentistry and false advertising with respect to the prices charged for dental work, including implants, and orthodontics. According to plaintiff, defendant Kim was not, nor had ever been, a licensed dentist in California.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing and denied all claims made in the lawsuit.

Settlement Discussions

Settlement negotiations took place between the parties supervised by Hon. Judge David Cunningham.

Result

The case settled with included class members eligible for a $50 check. The agreement also allowed for up to $2.2 million in attorneys' fees and costs.

Other Information

The class members included all persons who purchased dental services in the California United Dental locations from April 14, 2010 to February 7, 2019.


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