Unfair — continued from Previous Page
against a company for having misclassi- fied truck drivers as independent con- tractors finding that the UCL claims were not pre-empted under the Federal Aviation Administration Authorization Act (49 U.S.C. § 14501, et seq) because the claims did not relate to a “price, route, or service.” In Archer v. United Rentals, Inc. (2011)
195 Cal.App.4th 807 [126 Cal.Rptr.3d 118], the court affirmed the dismissal of UCL claims brought by a class alleging violations of a provision of the Song Beverly Credit Card Act of 1971 (
Civ.Code, § 1747.08) that prohibits a retailer from requesting and recording
personal identification information in conjunction with a credit card purchase. The court held that plaintiffs did not have standing the recording of personal identification information does not quali- fy as a loss of “money or property.” In Fireside Bank Cases v. Superior Court
(2010) 187 Cal.App.4th 1120 [115 Cal.Rptr.3d 80], the court held that the UCL did not provide a remedy to judg- ment debtors who had prior judgments entered against them by a creditor that had violated the Rees-Levering Motor Vehicle Sales & Finance Act (Civ. Code, § 2981-2984.4) in obtaining the judg- ments.
And, in two strikingly similar cases
issued on the same day, Hale v. Sharp Healthcare (2010) 183 Cal.App.4th 1373 [108 Cal.Rptr.3d 669] and Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350 [108 Cal.Rptr.3d 682], the same court took differing positions on trial court orders issued on demurrers as to whether uninsured patients challenging a hospi- tal’s practice of charging uninsured patients amounts far in excess of the charges made to insured patients, had standing to pursue a UCL claim. In Hale, the court held that the patient had stand- ing to pursue a UCL claim under the fraud prong because she had adequately alleged reliance on statements made by the defendant and payment of portions of the excessive bills. In contrast, in Durell, the court affirmed the dismissal of a complaint finding that plaintiff had failed to adequately allege reliance on the alleged misrepresentations of the defendant. In Levine v. Blue Shield of California
(2010) 189 Cal.App.4th 1117 [117 Cal.Rptr.3d 262], the court affirmed the dismissal of a claim under the UCL alleg- ing that an health care insurance failed to disclose different policy designations that would have reduced plaintiffs’ pre- miums finding that the failure to make such disclosure was not unlawful nor was the action unfair since it was not tied to any underlying constitutional, statutory or regulatory provision. (189 Cal.App.4th at 1137.) In Drum v. San Fernando Valley Bar
Association (2010) 182 Cal.App.4th 247 [106 Cal.Rptr.3d 46], the court rejected a UCL claim by a mediator charging a bar association with unfair practices in refus- ing to sell its membership list to the mediator. In addition to addressing the merits
of the foregoing UCL claims and plain- tiffs’ standing to pursue those claims, the appellate courts have issued opinions on class certification issues raised by UCL claims in the following cases: Weinstat v. Dentsply International, Inc. (2010) 180 Cal.App.4th 1213 [103 Cal.Rptr.3d 614] [reversing decertification of a class fol- lowing Tobacco II finding that only class
80 — The Advocate Magazine JANUARY 2012
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