What is unfair competition?

Useful Rulings on Unfair Competition

Recent Rulings on Unfair Competition

CITRUS OBSTETRICS & GYNECOLGY VS CITRUS VALLEY HEALTH

Issue No. 37: Plaintiff cannot establish its UCL claim because the UCL does not provide Plaintiff with any remedy against Plaintiff. (4th cause of action). Issue No. 38: Plaintiff cannot establish its UCL claim because Plaintiff cannot show that Emanate engaged in any unlawful, unfair or wrongful conduct. (4th cause of action). Request for Judicial Notice Emanate’s Request for Judicial Notice (“RJN”) is ruled on as follows: GRANTED as to Exhibit C (i.e., SAC filed January 4, 2019).

  • Hearing

    Aug 06, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

Seventh Cause of Action: Unfair Business Practices To set forth a claim for a violation of Business and Professions Code section 17200 (“UCL”), Plaintiff must establish Defendant was engaged in an “unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising” and certain specific acts. (Bus. & Prof. Code, § 17200.) A cause of action for unfair competition “is not an all-purpose substitute for a tort or contract action.” (Cortez v.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOHNATHAN MOLTONI, ET AL. VS XTREME MOTOR SPORTS, INC., ET AL.

On May 7, 2019, Plaintiffs filed a complaint, asserting a cause of action against Defendants and Does 1-20 for: Breach of Contract Fraudulent Misrepresentation Negligent Misrepresentation Fraud—Concealment Violation of Business and Professions Code Section 17200 Conversion Unjust Enrichment Conspiracy Money Had and Received Negligence On June 24, 2019, Defendants’ defaults were entered. On October 24, 2019, Plaintiffs dismissed Xtreme, without prejudice.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

(NO CASE NAME AVAILABLE)

To state a cause of action under Business & Professions Code § 17200, a plaintiff must allege (1) a business practice, (2) that is unfair, unlawful or fraudulent; and (3) an authorized remedy. Under the UCL, prevailing plaintiffs “are generally limited to injunctive relief and restitution.” (Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 179).

  • Hearing

    Jul 20, 2020

NICHOLAS V. MORETTA VS POLARIS INDUSTRIES, INC., A DELAWARE CORPORATION, ET AL.

(a Minnesota corporation), Seidner Enterprises LLC dba Bert’s Mega Mall (“Seidner”) and Does 1-100 for: Strict Product Liability Negligence Failure to Warn Negligent Recall Violation of Civil Code §§ 1750, et seq. and Violation of Business & Professions Code §§ 17200, et seq.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

MATTER OF JEAN P. ETHIER TRUST

Spears pursuant to Probate Code section 17200 for various relief, including removal of trustee and appointment of a successor trustee. This petition is at issue due to an objection filed September 11, 2019, and can only be resolved via evidentiary hearing. 2) Petition to Approve the Accounting of Ms. Martinez, Trustee (as amended). This petition is at issue due to an objection filed on November 5, 2019, and can only be resolved by an evidentiary hearing.

  • Hearing

    Jul 14, 2020

FELIPE GARCIA INGUEZ ET AL VS TED GUERRA

Introduction On February 27, 2019, Defendant Ted Guerra (“Defendant”) filed a Motion for Summary Judgment or, in the alternative, for Summary Adjudication on all the causes of action for Breach of Implied Warranty of Habitability, Tortious Breach of Implied Warranty of Habitaiblity, Negligence, Intentional Infliction of Emotional Distress, Private Nuisance, Violation of Civil Code section 1942.4, and Violation of Business and Professions Code section 17200 in Plaintiffs Felipe Garcia-Inguez, Madai Najera, Felipe

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FILIPPINI WEALTH MANAGEMENT INC ET AL VS MEISTER & NUNES PC ET AL

Plaintiffs’ second amended complaint (“SAC”), filed on August 6, 2019, alleges causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3) violation of Business and Professions Code Section 17200 et seq., and (4) conversion. On October 15, 2019, defendant separately served its Request for Production of Documents, Set One, on each plaintiff.

  • Hearing

    Jul 10, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ADAM HOLT V. BLUE BOTTLE COFFEE, INC., ET AL.

(the Consumers Legal Remedies Act), (3) violation of Business & Professions Code section 17200 et seq. (the Unfair Competition Law or “UCL”), (4) money had and received, and (5) declaratory relief. The parties have now reached a settlement. Plaintiff moves for an order preliminarily approving the settlement, provisionally certifying the settlement class, approving the form and method for providing notice to the class, and scheduling a final fairness hearing. II.

  • Hearing

    Jul 10, 2020

ARTURO REYES V. IVARY MANAGEMENT CO., ET AL.

Based on these allegations, plaintiff brings putative class claims for (1) failure to pay overtime compensation, (2) failure to pay minimum wages, (3) failure to provide meal periods, (4) failure to provide rest periods, (5) failure to provide accurate itemized wage statements, (6) waiting time penalties, (7) common law conversion, and (8) unfair business practices in violation of Business & Professions Code section 17200, et seq., as well as (9) a representative claim for penalties under PAGA.

  • Hearing

    Jul 10, 2020

MOUNTAIN LION ACQUISITIONS VS. CHAMROEUN HOM

He pleads three causes of action: (1) unfair competition law (Bus. & Prof. Code §§ 17200 et seq.) based on the § 6129 violation; (2) unfair competition law, based on the unconscionable loan terms; and (3) federal Fair Debt Collections Practices Act. The Existence and Terms of the Loan Contract The Court is not very satisfied with the state of the briefing by either side on whether there exists an agreement to arbitrate. In two words, plaintiff is sloppy, and cross-complainant is cutesy.

  • Hearing

    Jul 10, 2020

PAULINA VEGA VS JPMORGAN CHASE BANK NA

§§ 17200, et seq.

  • Hearing

    Jul 10, 2020

KATIE O CONNELL MARSH VS GAUMONT TELEVISION USA LLC

BACKGROUND Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) declaratory relief; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) fraudulent inducement; (5) fraudulent concealment; (6) unfair competition in violation of California Business and Professions Code, Section 17200 et seq.; (7) intentional interference with contract; (8) inducing breach of contract; and (9) accounting.

  • Hearing

    Jul 10, 2020

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

Issue No.1: Seventh Cause of Action California Business and Professions Code, Section 17200 prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” To have standing under Section 17200 to sue “Proposition 64 requires that a plaintiff have lost money or property to have standing to sue.” (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 323.) The economic injury must have been a result of the unfair competition. (Id.)

  • Hearing

    Jul 10, 2020

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

of Premises 7) Violation of Unfair Competition Law 8) Breach of the Covenant of Quiet Enjoyment 9) Nuisance 10) IIED 11) NIED SUMMARY OF FACTS: Plaintiffs Miceala Leyva and Rafael Duran allege that they have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit B, since April 2012 to the present, pursuant to a written lease agreement with the former landlord.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    other

STEPHANIE SHIN VS JEWISH EDUCATIONAL MOVEMENT, A CALIFORNIA CORPORATION , ET AL.

.; (6) Negligence; (7) Negligent Infliction of Emotional Distress; (8) Intentional Infliction of Emotional Distress; (9) Violation of California Civil Code § 1950.5 (Wrongful Retention of Security Deposit); and (10) Violation of California Business and Professions Code § 17200, et seq. (Unfair Business Practices). Finally, Plaintiff seeks to amend the prayer for damages to conform to the new causes of action.

  • Hearing

    Jul 10, 2020

LULAI XIA VS STEVE CHOU

Code § 17200, et seq.). Defendant moves for an order requiring Plaintiff to file an undertaking to secure an award of costs and fees in the amount of $120,000. Legal Standard Where a plaintiff in an action resides out of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action. (Code of Civ. Proc., § 1030, subd. (a).)

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KENNETH ADLER, ET AL. VS SHIRLEE LYNN BLISS

Code, §17200 et seq.), the covenant of good faith and fair dealing, and treble damages (Civ. Code, §3345(b)). B. Relevant Background and Demurrer On November 20, 2019, Plaintiff Rosenstiel attended the CMC, OSC re failure to file proof of service, and OSC re dismissal for lack of prosecution. At the hearing, Plaintiff Rosenstiel represented that Plaintiff Kenneth Adler no longer wished to pursue the action and so the Court ordered the complaint as to Kenneth Adler dismissed.

  • Hearing

    Jul 10, 2020

  • County

    Los Angeles County, CA

JUWON LEE VS POL CLOTHING, INC., A CALIFORNIA CORPORATION, AND DOES 1 THROUGH 250,

§§ 17200, et seq..

  • Hearing

    Jul 10, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JIANG QI VS BLUESTAR EXPRESS GROUP INC.

Unfair Competition [Business and Professions Code § 17200 et seq.] 6. Civil Penalties for Labor Code Violations [Cal. Labor Code § 558] On August 19, 2016, Bluestar filed a cross-complaint, asserting a cause of action against Plaintiff and Does 1-20 for: 1.

  • Hearing

    Jul 10, 2020

LANA SIEU NGU VS CITY BAIL BONDS ET AL

In the Third Amended Complaint (“TAC”), Plaintiff asserted three causes of action for: (1) rescission of contract, or in the alternative, restitution of money paid under void contract (duress and undue influence); (2) breach of the implied covenant of good faith and fair dealing; and (3) violation of the Unfair Competition Law (“UCL”) (Bus. & Prof. Code, § 17200 et seq.). .

  • Hearing

    Jul 10, 2020

DEREK TSAI VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Plaintiffs asserted claims for violation of the California Consumer Legal Remedies Act, unfair competition, false advertising, breach of implied warranty of merchantability, and common law breach of contract. The manufacturer, Toyota, which was not a signatory to the Agreements with the dealerships, moved to compel arbitration.

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

ADOLPH VS UBER TECHNOLOGIES INC.

Labor Code Section 2802); (2) Unfair Competition under Business & Professions Code Section 17200; and (3) Violation of Cal. Labor Code §§ 2699 et seq. Defendant seeks an order compelling some or all of plaintiff’s claims to arbitration and staying whatever remains. Plaintiff does not dispute agreeing to arbitration, so the first issue to be addressed is what the court can decide under the relevant provision.

  • Hearing

    Jul 10, 2020

HUYNH, ET AL. V. MISSION DE LA CASA NURSING AND REHABILITATION CTR., ET AL.

As demurring defendants argue, plaintiffs may allege “the violation of another law as the underlying basis for the Business & Professions Code section 17200 claim.” (Defs.’ memo, p.12:3-14.) However, demurring defendants did not demur to the first cause of action for violation of Welfare & Institutions Code section 15600, et seq., and do not address how the Elder Abuse statute cannot form the underlying basis for the Business & Professions Code section 17200 claim.

  • Hearing

    Jul 09, 2020

BLUE CROSS OF CALIFORNIA VS. EQUALTOX, INC., APC

Third cause of action for unfair business practice Business & Professions Code section 17200 prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” Under the unlawful prong, a violation of law may be actionable as unfair competition under Business & Professions Code section 17200. Lueras v. BAC Home Loans Servicing, LP, 221 Cal.App.4th 49, 81.

  • Hearing

    Jul 09, 2020

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