CALIFORNIA CLASS ACTION LAW

Southern District Remands California Securities Law Class Action, Declining to Combine 2 Similar Cases for Purposes of CAFA Jurisdiction

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In Royalty Alliance, Inc. v. Tarsadia Hotel, et al., Nos. 09CV2739 DMS (CAB), 10CV1231 DMS (CAB), 2010 WL 3339202 (S.D. Cal. Aug. 23, 2010) (slip op.), the court remanded a securities class action to state court and also rejected defendant’s request that the court consider two similar class actions for the purpose of evaluating CAFA jurisdiction. Read the rest of this entry »

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California Gift Certificate Law (Civ. Code § 1749.5) Preempted by Federal Airline Deregulation Act

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In Tanen v. Southwest Airlines Co., No. B217818., — Cal. Rptr. 3d —-, 2010 WL 3341969 (Cal. Ct. App. 2d Dist. Aug. 26, 2010), the Second District held that California’s gift certificate law is preempted by the federal Airline Deregulation Act (“ADA”) as aplied to travel certificates.  Plaintiff and appellant Mitch Tanen (Tanen) bought a $100 travel certificate from defendant and respondent Southwest Airlines Co. (Southwest), but when he attempted to redeem it 14 months later, after its stated expiration date, Southwest refused to honor it.  Id. *1. Read the rest of this entry »

Judge William Alsup Denies “First-to-File” Transfer of P.F. Chang’s Wage & Hour Class Action

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In Dubee v. P.F. Chang’s China Bistro, Inc., No. C 10-01937 WHA, 2010 WL 3323808 (N.D. Cal. Aug. 23, 2010), a putative wage-and-hour class action, defendant P.F. Chang’s China Bistro, Inc. brought a motion to transfer the action to the Central District of California pursuant to the “first-to-file rule” due to an earlier-filed action pending there, Vasquez v. P.F. Chang’s China Bistro, Inc., No. CV 09-01408 DSF.  Dubee, supra, *1.  Plaintiff opposed, arguing that the first-to-file rule does not apply since the actions are not sufficiently similar. Judge William Alsup of the Northern District of California denied P.F. Chang’s motion. Read the rest of this entry »