CALIFORNIA CLASS ACTION LAW

Category: FAL

Second District Reverses Denial of Nationwide UCL and FAL Class

Ticketmaster Charges
Image by alexvalentine via Flickr

The Second District Court of Appeal, in an unpublished opinion, reversed a trial court’s denial of plaintiff’s motion to certify a nationwide class in Schlesinger v. Superior Court of Los Angeles County (Ticketmaster), B224880, 2010 WL 3398844 (Cal. Ct. App. 2d Dist. Aug. 31, 2010).   Read the rest of this entry »

Second District Holds That Omission of Source of Base Price From Which Discount Taken Is Harmless

A Restoration Hardware store in Naperville, Il...
Image via Wikipedia

The Second District Court of Appeal, in an unpublished opinion, affirmed a trial court’s grant of summary judgment in favor a Restoration Hardware, Inc. (RHI) for alleged misrepresentations of the price of RHI’s merchandise at its discount outlet stores.  Heller v. Restoration Hardware, Inc.,  B215218, 2010 WL 3387506 (Cal. Ct. App. 2d Dist. Aug. 30, 2010).   Plaintiff alleged that RHI outlet stores engaged in a practice of misrepresenting the actual discounts given on furniture.  Id. *1.  Plaintiff contended she purchased at an outlet store an advertised “Del Mar” outdoor chair, which had an original retail price of $750 from which a percentage discount was taken, when in fact the price in RHI’s catalog and on the internet at its website was $685.  Id. Plaintiff’s complaint stated five causes of action: violations of the UCL, the FAL, the CLRA, negligent misrepresentation, and fraud and deceit.

The court affirmed, holding: Read the rest of this entry »

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