CALIFORNIA CLASS ACTION LAW

Tag: Victoria Gerrard Chaney

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

A Restoration Hardware store in Naperville, Il...
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The Second District Court of Appeal, in an unpublished opinion, affirmed a trial court’s grant of summary judgment in favor a Restoration Hardware, Inc. (RHI) for alleged misrepresentations of the price of RHI’s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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Treble Recovery Under Civil Code § 3345 Not Limited to CLRA; But It Does Not Apply to an Award of Restitution Under the UCL

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In Clark v. Superior Court, 235 P.3d 171, 112 Cal. Rptr. 3d 876 (Cal. Aug. 9, 2010), senior citizens brought an action against an annuity seller for unfair competition pursuant to BPC 17200, seeking treble recovery.  The Los Angeles Superior Court granted judgment on the pleadings for the annuity seller’s on the treble recovery claim, without leave to amend. Read the rest of this entry »