On September 23, 2009, the California Court of Appeal in Morgan v. AT&T Mobility reversed a state trial court and upheld as sufficient allegations against AT&T Mobility based on its selling a phone that soon became obsolete after sale, for violations of the state’s Unfair Competition Law, fraud and the Consumers Legal Remedies Act The trial …
The California Supreme Court on a 4-3 vote decided not to grant rehearing or reconsider its decision in the Tobacco II litigation, meaning that proceeding shall soon be remanded back to San Diego Superior Court. In addition, to the extent practitioners were hoping for certain clarifications or possibly reconsideration of that decision, it will not be …
There have been several commentaries issued by large defense law firms on the impact of the Tobacco II decision on pending and future class action litigation. The following is several links to recent commentaries: http://www.mofo.com/news/updates/files/15609.html (Web Archive copy) http://www.mayerbrown.com/publications/article.asp?id=6792&nid=6 (no longer exists)
In Clark v. Superior Court (Nat’l Western Life Ins. Co.), ___ Cal.App.4th ___ (May 21, 2009), the Court of Appeal held that Civil Code section 3345, which provides for trebling the relief sought for senior citizens, applies in UCL cases. The Court referenced the recent Tobacco II ruling (see prior post) as supporting the importance …
The CLG, representing a class of senior citizens, recently won a significant arbitration award against a senior housing group regarding up front application fees. Due to the fact it is an arbitration, the terms of the award are confidential.
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