Category Archives: california

Briefly noted: consumers challenging express substantiation claims

Posted on December 11, 2013 by rtushnet

McCrary v. Elations Co., No. EDCV 13–0242, 2013 WL 6403073 (C.D. Cal. July 12, 2013) While rejecting claims based on defendant’s supplement’s general ad claims to support joint health and the like, the court allows McCrary to challenge the explicit … Continue reading →

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Uber’s "tips included" claims lead to driver lawsuit

Posted on December 10, 2013 by rtushnet

O’Connor v. Uber Technologies, Inc., 2013 WL 6354534, No. C-13-3826 EMC (N.D. Cal. Dec. 5, 2013) Plaintiffs sued Uber on behalf of a putative nationwide class of drivers for Uber, alleging, among other things, that Uber falsely represents to customers … Continue reading →

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software is a "good" but California claims still fail

Posted on December 6, 2013 by rtushnet

Haskins v. Symantec Corporation, 2013 WL 6234610, No. 13-cv-01834-JST  (N.D. Cal. Dec. 2, 2013) In 2006, hackers infiltrated Symantec’s network and stole the source code used in the 2006 versions of its antivirus etc. products. Symantec allegedly knew this, but … Continue reading →

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Retailer’s California claims against supplier proceed

Posted on November 22, 2013 by rtushnet

TRC & Associates v. NuScience Corp., 2013 WL 6073004, No. 2:13–cv–6903 (C.D. Cal. Nov. 18, 2013) TRC, a supplement retailer, sued NuScience and Lumina based on their sales to TRC of a dietary supplement, Cellfood.  TRC alleged that defendants misrepresented … Continue reading →

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Name your own price, then pay more: Court upholds Priceline’s model

Posted on November 19, 2013 by rtushnet

Freeman v. Priceline.com, Inc., 2013 WL 5946069, B242653 (Cal. Ct. App. Nov. 7, 2013) The court of appeals upheld a ruling getting Priceline off the hook for promising one price and delivering another, because the terms and conditions said that … Continue reading →

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HAMP-ed up UCL claim resurrected on appeal

Posted on November 5, 2013 by rtushnet

Lueras v. BAC Home Loans Servicing, LP, 2013 WL 5848859, No. G046799, — Cal.Rptr.3d —- (Ct. App. Oct. 31, 2013) The new frontier: mortgage-related claims brought under consumer protection laws.  A divided court of appeals reversed the dismissal of Lueras’ … Continue reading →

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No class action against payment processor for multiple sites

Posted on November 4, 2013 by rtushnet

Yordy v. Plimus, Inc., No. C12-0229, 2013 WL 5832225 (N.D. Cal. Oct. 29, 2013) Yordy went to  TheNovelNetwork.com, which allegedly promised her unlimited downloads of bestselling eBooks for a one-time $49.99 fee, which she paid, only to discover that the … Continue reading →

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9th Circuit requires arbitration for consumer protection claims

Posted on October 29, 2013 by rtushnet

Ferguson v. Corinthian Colleges, Inc., — F.3d —-, No. 11–56965, 2013 WL 5779514 (9th Cir. 2013) Plaintiffs were former students at for-profit schools owned by Corinthian and sued alleging that Corinthian used deceptive practices to get them to enroll.  The … Continue reading →

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Class ascertainability exists without purchase records

Posted on October 29, 2013 by rtushnet

Thurston v. Bear Naked, Inc., No. 3:11–CV–02890, 2013 WL 5664985 (S.D. Cal. July 30, 2013) The court certified a California class of purchasers of Bear Naked products marked as 100% natural that contained hexane-processed soy.  Of note, the court rejected … Continue reading →

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"All Natural" too undefined to be the basis of a claim

Posted on October 29, 2013 by rtushnet

Pelayo v. Nestle USA, Inc., 2013 WL 5764644, No. CV 13–5213 (C.D. Cal. Oct. 25, 2013) Pelayo sued Nestle alleging claims about 13 Nestle stuffed pasta products using the term “All Natural” on the labeling while containing synthetic xanthan gum … Continue reading →

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