Category Archives: california

Reasonable psychologist would treat "must pay" dues as mandatory

Posted on September 8, 2014 by rtushnet

In re APA Assessment Fee Litigation, — F.3d —-, 2014 WL 4377770, No. 13–7032 (Sept. 5, 2014) The American Psychological Association (APA) is a national nonprofit organization representing clinical, research, and academic psychologists.  Members pay annual fees billed on a … Continue reading →

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Breaking (season) bad: Apple’s season pass promise could violate UCL

Posted on September 3, 2014 by rtushnet

Lazebnik v. Apple, Inc., 2014 WL 4275008, No. 5:13–CV–04145 (N.D. Cal. Aug. 29, 2014) The plaintiff sued Apple for misrepresenting its Breaking Bad “season pass.”  As the court explained, “[f]rom the time Season 5 of Breaking Bad was first announced, … Continue reading →

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Yelp statements about its filters not protected by anti-SLAPP law or CDA

Posted on July 25, 2014 by rtushnet

Demetriades v. Yelp, Inc., 2014 WL 3661491, No. B247151 (Cal. Ct. App. July 24, 2014) Demetriades operates restaurants and sued Yelp under California’s UCL and FAL based on claims about the accuracy and efficacy of its “filter” of unreliable or … Continue reading →

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multiplicity of products and labels makes class unascertainable

Posted on June 27, 2014 by rtushnet

Bruton v. Gerber Products Co., No. 12-CV-02412, 2014 WL 2860995 (N.D. Cal. June 23, 2014) Bruton brought the usual California claims against Gerber for mislabeling certain food products intended for children under 2. She challenged Gerber’s nutrient content claims and … Continue reading →

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Class can be certified when product is allegedly worthless

Posted on June 25, 2014 by rtushnet

Ortega v. Natural Balance, Inc., 2014 WL 2782329, No. CV 13–5942  (C.D. Cal. June 19, 2014) The court granted class certification for a California class of consumers of Cobra Sexual Energy, a dietary supplement containing various herbs, extracts, and other … Continue reading →

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Such a lonely word: "honest" isn’t puffery

Posted on June 16, 2014 by rtushnet

Salazar v. Honest Tea, Inc., 2014 WL 2593601, No. 2:13-cv-02318 (E.D. Cal. June 10, 2014) Salazar alleged that HT’s Honey Green Tea bottles didn’t contain the amount of antioxidants represented on their labels, where independent lab testing determined that the … Continue reading →

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mortgages and the UCL: an occasional series

Posted on June 16, 2014 by rtushnet

Pestana v. Bank of America, 2014 WL 2616840, No. A137566 (Cal. Ct. App. June 12, 2014) Pestana sued his mortgage loan servicers (BoA) after BoA denied his application for a loan modification under the federal Home Affordable Mortgage Program (HAMP), … Continue reading →

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animal rights organizations have standing to challenge bull run

Posted on June 12, 2014 by rtushnet

Animal Legal Defense Fund v. Great Bull Run, LLC, 2014 WL 2568685, No. 14–cv–01171 (N.D. Cal. June 6, 2014) ALDF and PETA sued defendants under California’s UCL to enjoin them from operating a bull run. The court denied the motion … Continue reading →

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Regression analysis is a plaintiff’s best friend

Posted on May 29, 2014 by rtushnet

Werdebaugh v. Blue Diamond Growers, 2014 WL 2191901,  No. 12–CV–2724 (N.D. Cal. May 23, 2014) I’m going to try, with probably limited success, to summarize results rather than reasoning for most of this consumer class action case in which certification … Continue reading →

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Ninth Circuit revives consumer claims against Sony

Posted on May 27, 2014 by rtushnet

In re Sony PS3 “Other OS” Litig., 551 Fed.Appx. 916, No. 11–18066 (9th Cir. Jan. 6, 2014) (belated; just showed up in Westclip) The court of appeals partially reversed the dismissal of plaintiffs’ claims against Sony for disabling the ability … Continue reading →

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