http://www.lexisnexis.com/mealeys/news.aspx Headline California Section 17200 Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SACRAMENTO, Calif. - A federal judge in California on Jan. 15 dismissed a lawsuit alleging that an aircraft manufacturer breached an agreement to purchase a limited edition aircraft, finding that the plaintiff's allegations fail to state a California unfair competition law (UCL) claim under a theory of unfairness (Samer Bishay v. ICON Aircraft, Inc., No. 19-00178, E.D, Calif., 2020 U.S. Dist. LEXIS 7939). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal magistrate judge in California on Jan. 15 denied an oil refinery's motion to dismiss a wage-and-hour violations class action brought by current and former employees, finding that because the California Labor Code claims survive dismissal, the unfair competition law (UCL) claim based on the oil refinery's purported "unlawful" conduct also survives (Marco Dimercurio, et al v. Equilon Enterprises LLC, No. 19-04029, N.D. Calif., 2020 U.S. Dist. LEXIS 7006). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Jan. 13 granted BMW of North America LLC's motion to dismiss unfair competition law (UCL) and conversion claims based on its alleged refusal to provide a plaintiff with the data that one of its dealerships extracted from her vehicle, finding that the plaintiff has failed to demonstrate that she can base her UCL claim on her $1,997.52 payment to another dealership to repair her car (Gretchen Key v. BMW of North America, LLC, No. 19-03366, N.D. Calif., 020 U.S. Dist. LEXIS 5417). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WHITE PLAINS, N.Y. - A federal judge in New York on Jan. 13 dismissed with prejudice plaintiffs' putative class action claims under California's Consumer Legal Remedies Act (CLRA), false advertising law (FAL) and unfair competition law (UCL), finding that the claims are deficient because they fail to identify the speaker (Philip Brady, et al. v. Anker Innovations Limited, et al., No. 18-11396, S.D. N.Y., 2020 U.S. Dist. LEXIS 5672). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RIVERSIDE, Calif. - A federal judge in California on Dec. 23 dismissed conversion and unfair competition claims in a clothing distributor's lawsuit alleging that a dealer advertised certain Italian shoe products below the minimum required price, sold these products on unauthorized websites and refused to pay for $116,000 in product inventory (Lever Your Business, Inc. v. Sacred Hoops & Hardwood, Inc., No. 19-1530, C.D. Calif., 2019 U.S. Dist. LEXIS 220090). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Jan. 6 issued an order staying a lawsuit alleging that a defendant engaged in the "unauthorized practice of law" after the parties filed a joint stipulation of dismissal announcing that they reached a settlement (LegalForce RAPC Worldwide P.C. v. TTC Bus. Sols., LLC, No. 17-07318, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal magistrate judge in California on Dec. 20 dismissed a declaratory judgment counterclaim of false advertising alleged in a dispute over co-authorship of the documentary "Sign My Name to Freedom" (Focal Point Films LLC, et al. v. Arjot Sandhu, No. 19-2898, N.D. Calif., 2019 U.S. Dist. LEXIS 219314). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - Four former users of the now-defunct Google Plus social network filed a motion in California federal court on Jan. 6, seeking preliminary approval of a $7.5 million settlement with Google LLC of unfair competition, privacy and negligence class claims over two 2018 data leaks that exposed users' personally identifiable information (PII) to third-party app developers (In re Google Plus Profile Litigation, No. 5:18-cv-06164, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Jan. 2 said that a landlord evicted a tenant for failure to pay rent and not because of his race and that the tenant did not demonstrate that the landlord failed to accommodate his disability, granting the landlord's motion for summary judgment on all claims, including violations of the Fair Housing Act (FHA) and California's unfair competition law (UCL) (Rodney Green, Sr. v. Mercy Housing, Inc., et al., No. 18-04888, N.D. Calif., 2020 U.S. Dist. LEXIS 977). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A California appeals panel on Dec. 27 affirmed a lower court's dismissal of a lawsuit alleging that a loan servicer violated California's unfair competition law (UCL) and Homeowners Bill of Rights (HBOR), finding that the plaintiffs cannot establish a UCL claim by borrowing statutory violations from both HBOR and the federal Home Affordable Modification Program (HAMP) (Jeffrey E. Finsand, et al. v. Nationstar Mortgage, LLC, et al., No. H045052, Calif. App., 6th Dist., 2019 Cal. App. Unpub. LEXIS 8628). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A California appeals panel on Dec. 16 affirmed a lower court's judgment of dismissal of a lawsuit alleging wrongful disclosure and claims under California's unfair competition law (UCL) and Homeowners Bill of Rights (HBOR), finding that the plaintiff failed to assert the property ownership required under the HBOR (Anthony A. Malfatti v. Specialized Loan Servicing, LLC, et al., No. A153821, Calif. App., 1st Dist., Div. 3, 2019 Cal. App. Unpub. LEXIS 8429). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-5%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A California appeals court panel on Dec. 23 affirmed a ruling denying a lawyer and law firm's motion to strike allegations brought against them by Allstate Insurance Co. over an alleged insurance fraud scheme, finding that demand letters sent by the defendants to the insurer are not protected activity under California law (People of the state of California, ex rel. Allstate Insurance Co. v. Kelly L. Casado, et al., No. B288742, Calif. App., 2nd Dist., 7th Div., 2019 Cal. App. Unpub. LEXIS 8572). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A federal judge in California on Dec. 12 granted a limited liability corporation's motion to dismiss claims for misappropriation of trade secrets, violation of California's unfair competition law and intentional interference with contractual relations in a lawsuit alleging that it used "aggressive, predatory tactics" to solicit the plaintiffs' elderly limited partners to sell their limited partnership interest (Moreland Apartments Associates, et al. v. LP Equity LLC, No. 19-00744, N.D. Calif., 2019 U.S. Dist. LEXIS 214591). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Nov. 26 granted a medical technology company's motion to strike and/or dismiss counterclaims under the Sherman Act and California's unfair competition law (UCL) in its lawsuit alleging that a company used its confidential, proprietary and trade secret information to develop a line of spectral flow cytometers (Becton, Dickinson and Company v. Cytek Biosciences Inc., et al., No. 18-00933, N.D. Calif., 2019 U.S. Dist. LEXIS 205465). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - A federal magistrate judge in California on Dec. 10 refused to dismiss claims for violation of California unfair competition law (UCL) and other claims in a foreclosure dispute but noted that the UCL claim may proceed only under the unfair and unlawful prongs (Frederick James Beatty v. PHH Mortgage Corporation, et al., No. 19-05145, N.D. Calif., 2019 U.S. Dist. LEXIS 213794). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' FRESNO, Calif. - A federal judge in California on Dec. 4 dismissed California unfair competition law (UCL) and other claims in a lawsuit alleging that a mortgage lender attempted to foreclose on a personal residence despite the plaintiff's efforts to seek a loan modification, allowing the plaintiff leave to amend the fraudulent and unfair business practices prongs of his UCL claims (Darryl Banton v. Wells Fargo Bank, N.A, et al., No. 19-00928, E.D. Calif., 2019 U.S. Dist. LEXIS 210909). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 2 upheld the dismissal of a man's lawsuit accusing Wells Fargo Bank N.A. and U.S. Bank N.A. of violating the Truth in Lending Act (TILA) and California's unfair competition law (UCL), finding that the causes of action were barred by claim preclusion because they could have been raised in an earlier lawsuit (Vahe Aftandilian v. Wells Fargo Bank N.A., et al., No. 18-56666, 9th Cir., 2019 U.S. App. LEXIS 35768). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Nov. 20 granted a plaintiff's motion for class certification in a lawsuit brought under California's unfair competition law (UCL) alleging that a bank failed to pay interest on escrow accounts on mortgage loans, noting that it "is hard to imagine a case more worthy of class treatment" (William Kivett v. Flagstar Bank, FSB, et al., No. 18-05131, N.D. Calif.. 2019 U.S. Dist. LEXIS 202448). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TRENTON, N.J. - A federal judge in California on Dec. 5 granted motions for summary judgment by the manufacturer and retailers of Maytag washing machines in a putative class action alleging that the washers were not energy efficient despite their product labels, dismissing all claims, including ones under California's unfair competition law, false advertising law and Consumer Legal Remedies Act (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089, D. N.J., 2019 U.S. Dist. LEXIS 210429). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' PASADENA, Calif. - Partially affirming, the Ninth Circuit U.S. Court of Appeals on Nov. 27 held that a lower federal court properly dismissed a claim for violation of California's unfair competition law (UCL) in a dispute arising from a frozen fruit mixture containing pomegranate arils that were contaminated with the hepatitis A virus, concluding that the lower court properly interpreted that the jury did not find the pomegranate arils supplier fully liable for the pomegranate adulteration (Townsend Farms, Inc. v. United Juice Corp., et al., Nos. 18-55067 and 18-55068, 9th Cir., 2019 U.S. App. LEXIS 35589). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SANTA CLARA, Calif. - A California judge on Nov. 19 dismissed a conservative organization's lawsuit asserting California unfair competition law (UCL) and other claims against YouTube LLC and its parent company Google Inc. in a lawsuit alleging that they unlawfully restricted the plaintiff's content on YouTube (Prager University v. Google LLC, et al., No. 19-340667, Calif. Super., Santa Clara Co., 2019 Cal. Super. LEXIS 2034). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Nov. 20 trimmed the Fair Debt Collection Practices Act (FDCPA), California unfair competition law (UCL) and state tort law claims against the operator of a diversion program for individuals accused of intentionally passing bad checks related to letters sent by the company offering the program as an alternative to prosecution and left in place only claims related to fees the company charged (Karen Solberg, et al. v. Victim Services, Inc., et al., No. 14-5266, N.D. Calif., 2019 U.S. Dist. LEXIS 201622). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Georgia couple and a company that own homes in Florida filed a class action in federal court in California on Dec. 2 against the maker of hurricane straps that were attached to their homes, alleging that the straps are defective because they prematurely corrode and do not protect homes against damages caused by hurricane-force winds (Cary W. Cooper, et al. v. Simpson Strong-Tie Co. Inc., et al., No. 19-cv-7901, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-4%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - In a putative class complaint filed Nov. 27 in California federal court, a college student claims that the popular TikTok video-sharing app and its predecessor Musical.ly have "clandestinely . . . vacuumed up" users' personally identifiable information (PII) and transferred it to China, alleging computer fraud, invasion of privacy and unfair competition, among other things (Misty Hong v. ByteDance Inc., et al., No. 5:19-cv-07792, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal magistrate judge in California on Nov. 15 denied GNC Holdings Inc.'s motion to dismiss California unfair competition law (UCL) and all other claims in a consumer class lawsuit alleging that the product labels describing GNC's dietary supplements' functions were unlawful because they did not include a federally required disclaimer (Richa Arora, et al. v. GNC Holdings, Inc., No. 19-02414, N.D. Calif., 2019 U.S. Dist. LEXIS 198723). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - A federal judge in California on Nov. 15 granted The Hershey Co.'s motion for summary judgment on California's unfair competition law (UCL) and other claims in a class suit alleging that Hershey falsely labels its Brookside Dark Chocolate products as flavored with natural ingredients when they contain artificial flavor (Howard Clark, et al. v. The Hershey Company, No. 18-6113, N.D. Calif., 2019 U.S. Dist. LEXIS 198630). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A federal judge in California on Oct. 29 concluded that the California unfair competition law (UCL) and other state claims alleged against Trader Joe's Co. in a putative class action are preempted by the federal Poultry Products Inspection Act (PPIA), granting Trader Joe's motion for judgment on the pleadings and dismissing the claims with prejudice (Christina Webb v. Trader Joe's Company, No. 19-1587, S.D. Calif., 2019 U.S. Dist. LEXIS 187494). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Nov. 14 granted Google Inc.'s motion to dismiss California unfair competition law (UCL) and Sherman Act claims in a messenger application developer's lawsuit alleging that it monopolized application distribution with Google Play and Android to suppress competition (Paul Joseph Sayre v. Google, Inc., No. 19-02247, N.D. Calif., 2019 U.S. Dist. LEXIS 198622). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RIVERSIDE, Calif. - A federal judge in California on Nov. 12 denied a loan servicer's motion to dismiss California unfair competition law (UCL) and other claims in a class action alleging that it conducted "fraudulent assessment and collection of unperformed, unfair, or unlawfully marked-up property valuation and inspection fees" (Mary A. Rhodeman, et al. v. Ocwen Loan Servicing, LLC, et al., No. 18-2363, C.D. Calif., 2019 U.S. Dist. LEXIS 197944). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A federal judge in California on Nov. 4 granted in part Wells Fargo Bank N.A.'s motion for summary judgment in a couple's lawsuit accusing it of violating the Equal Credit Opportunity Act (ECOA), finding that communications the lender had with the plaintiffs in 2013 about a loan modification application did not violate the statute because the borrowers were still in default on their mortgage loan (Walter H. Hackett III, et al. v. Wells Fargo Bank N.A., No. 17-CV-07354, C.D. Calif., 2019 U.S. Dist. LEXIS 193296). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Oct. 22 denied a motion by mortgagors to reconsider a previous ruling that dismissed their California unfair competition laws (UCL), unjust enrichment and other claims against their mortgage servicer, finding that the motion "simply reargues" their previous contention that an alleged fee-splitting scheme violated the UCL (Lamar Bigsby, Jr., et al. v. Barclays Capital Real Estate, Inc., No. 14-1398, S.D. N.Y., 2019 U.S. Dist. LEXIS 183641). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A California appeals panel on Nov. 8 held that a lower court's order that struck class allegations in a plaintiff's lawsuit alleging unlawful business practices against her former employer is not appealable under the death knell doctrine, dismissing the appeal (Emielou Williams v. Impax Laboratories, Inc., No. A155479, Calif. App., 1st Dist., Div. 1, 2019 Cal. App. LEXIS 1119). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal magistrate judge in California on Nov. 8 partially denied an employer's motion for partial summary judgment in a wage and hour violations lawsuit brought by a former employee, finding that the California unfair competition law (UCL) claim survives the motion because it seeks only restitution and not statutory or civil penalties (Stephen Carter v. Golden Gate Freightliner Inc., No. 19-02034, N.D. Calif., 2019 U.S. Dist. LEXIS 194910). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SANTA ANA, Calif. - An insurer's lawsuit accusing a number of substance abuse treatment centers of common-law fraud, violation of California' unfair competition law (UCL) and other claims can proceed in state court, a federal judge in California ruled Nov. 13, holding that the plaintiff company's claims are not preempted by the Employee Retirement and Income Security Act (Health Net Life Insurance Co. v. Morningside Recovery LLC, et al., No. 19-cv-1342, C.D. Calif., 2019 U.S. Dist. LEXIS 197937). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RIVERSIDE, Calif. - The makers of Harley-Davidson motorcycles failed to show that a class complaint bringing various state claims, including violation of California's unfair competition law (UCL), involves damages in excess of $5 million, a federal judge in California ruled Nov. 7, granting a motion to remand (Matthew D. Greene, et al. v. Harley-Davidson, Inc., et al., No. 19-1647, C.D. Calif., 2019 U.S. Dist. LEXIS 194896). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A California federal judge on Nov. 1 granted a consumer's motion for conditional certification of a settlement class and for preliminary approval of a class settlement of a putative class action brought under the Song-Beverly Act and Section 17200 of the California Business and Professions Code arising from allegedly defective Samsung televisions (Alexis Bronson, et al. v. Samsung Electronics America, Inc. et al., No. 18-02300, N.D. Calif., 2019 U.S. Dist. LEXIS 190350). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - Consumers who filed a class complaint accusing Ocean Spray Cranberries Inc. of misleading buyers with its juice labels filed a motion on Nov. 8 in a California federal court seeking preliminary approval of an agreement that will provide a $5.4 million settlement fund and will halt sales in the United States of drinks labeled with "no artificial flavors" that contain artificial versions of malic acid and/or fumaric acid (Crystal Hilsley, et al. v. Ocean Spray Cranberries, Inc., No. 17-2335, S.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2014%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - Two advertisers who brought fraud and unfair competition class claims against Facebook Inc. over inflated video advertising metrics saw their proposed settlement with the social network preliminarily approved Nov. 6 by a California federal judge, who deemed the $40 million settlement of the three-year old lawsuit to be "fair, reasonable, and adequate" (LLE One LLC, et al. v. Facebook Inc., No. 4:16-cv-06232, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2015%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A federal judge in California on Oct. 23 granted a recording company's motion to dismiss all California's unfair competition law (UCL) and other claims accrued outside the relevant statute of limitations in a copyright infringement dispute but denied the motion as to all other claims (Syl Johnson, et al. v. UMG Recordings Inc., No. 19-02364, C.D. Calif., 2019 U.S. Dist. LEXIS 184455). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2016%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SACRAMENTO, Calif. - An insured filed objections on Oct. 3 to $10,978.46 as part of the costs issued by a California federal judge following his ruling that the insured failed to demonstrate any economic loss from entering into a reinsurance participation agreement (RPA) and, thus, lacks standing to sue under California unfair competition law (UCL) (Pet Food Express Ltd. v. Applied Underwriters Inc., et al., No. 16- 01211, E.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2017%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - Citing an unjustified delay by Facebook Inc. in moving to dismiss an app developer's claims against it under California's Strategic Lawsuit Against Public Participation (anti-SLAPP) statute, a California appeals panel on Sept. 30 affirmed denial of that notion, permitting claims against the social network under California's unfair competition law (UCL) to proceed (Six4Three LLC v. Facebook Inc., et al., Nos. A154890 and A155334, Calif. App., 1st Dist., 2019 Cal. App. Unpub. LEXIS 6616). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2018%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - Reverse mortgage lender American Advisors Group (AAG) "is scamming the nation's senior citizens and their heirs out of millions of dollars" by conducting and charging for numerous property inspections and force-placing property insurance on properties that are insured, the co-executors of a woman's estate claim in a putative class action filed Nov. 4 in California federal court (Nancy Palombi, et al. v. American Advisors Group, et al., No.19-cv-2120, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=18-3%20Mealey%27s%20Cal.%20Sec.%2017200%20Rep.%2019%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' CEDAR RAPIDS, Iowa - A trustee for an irrevocable trust alleges in an Oct. 23 complaint filed in Iowa federal court that a life insurer substantially increased its costs on universal life insurance policies and imposed monthly deduction rate increases to recover prior losses from reinsurance transactions (Angela Terry v. Transamerica Life Insurance Co., No. 19-118, N.D. Iowa).