continuous accrual doctrine, under which each violation of a periodic obligation or duty is deemed to give rise to a separate cause of action that accrues at the time of the individual wrong, be asserted in such an action? (3) May the delayed discovery rule, under which a cause of action does not accrue until a reasonable person in the plaintiff ’s position has actual or con- structive knowledge of facts giving rise to a claim, be asserted in such an action?]; Loeffler v. Target Corp., S173972, 173 Cal.App.4th 1229 [Does article XIII, sec- tion 32 of the California Constitution or Revenue and Taxation Code section 6932 bar a consumer from filing a lawsuit against a retailer under the UCL or the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) alleging that the retailer charged sales tax on transactions that were not taxable?]; Yabsley v. Cingular Wireless, LLC, S176146, 176 Cal.App.4th 1156; [briefing deferred pending deci- sion in Loeffler]; and Zhang v. Superior Court, S178542, 178 Cal.App.4th 1081 [(1) Can an insured bring a cause of action against its insurer under the UCL based on allegations that the insurer mis- represents and falsely advertises that it will promptly and properly pay covered claims when it has no intention of doing so? (2) Does Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287 [250 Cal.Rptr. 116], bar such an action?].)
Appellate Court Rulings Post- Proposition 64
The appellate courts have been
equally active in issuing rulings on the UCL since passage of Proposition 64 on an array of issues. The following is a brief discussion of some of the opinions from those courts. In Dowell v. Biosense Webster, Inc.
(2009) 179 Cal.App.4th 564 [102 Cal.Rptr.3d 1], the court affirmed a trial court’s ruling that non-compete and non- solicitation clauses in an employment contract were facially void and the employer’s use of such clauses violated the UCL. In Hill v. Roll International Corp. (2011) 195 Cal.App.4th 1295 [__
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Cal.Rptr.3d __], the court dismissed a UCL claim on demurrer finding as a matter of law that merely placing a green drop on a water bottle’s label was not a false representation that the water was environmentally superior to other waters or an endorsement by an environmental organization. In Hughes v. Progressive Direct Ins. Co.
(2011) 196 Cal.App.4th 754, the court held that a violation of Insurance Code section 758.5 requiring notice of the right to select a repair dealer may serve as a predicate for a UCL claim even though the statute did not provide for a private right of action. Bower v. AT&T Mobility, LLC (2011) 196 Cal.App.4th 1545 [127 Cal.Rptr.3d
569], involved a class action arising from a cell phone company’s alleged misrepre- sentation that it was required to pass on the cost of sales tax for the undiscounted price of a cell phone when passing on the cost to the consumer was merely within the company’s discretion. The company was required to pay the State tax on the undiscounted price of the cell phone. The court affirmed the dismissal of the complaint on demurrer because the customer did not suffer an injury in fact from the alleged misrepresentation. In People, ex rel. Harris v. PacAnchor
Transportation, Inc. (2011) 195 Cal.App.4th 765 [125 Cal.Rptr.3d 709], the court reversed the dismissal of a com- plaint brought by the Attorney General
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