California's New Standing Requirement For Unfair Competition Claims Applies to Pending Cases

As you may recall, in November 2004, California voters passed Proposition 64 which included a new standing requirement limiting who could sue for an alleged violation of the unfair competition laws. As a result of Proposition 64, an individual is only permitted to sue for unfair competition if he had actually been harmed by the conduct at issue. However, this new change in the law brought to the forefront an interesting legal question; what happens to the many pending cases in which plaintiffs, who suffered no injury themselves, alleged violations of the unfair competition laws prior to Proposition 64's passing? ... more »

Legal Briefs Court Upholds $277,662 Award against Dealer for Permissive Use
While the award in Taylor v.... more »

Dealers Have Strength in Numbers
Keeping in touch with the community of dealers in your local area is not only a good way to build a solid business network, but it’s also a good way to determine if a problem you might be having with your operation is common to other dealers and has a common cause.... more »

Court Asks for Help Defining Unfair Competition
In Bardin v. DaimlerChrysler, 39 Cal.Rptr.3d 634 (4th Dist. 2006), plaintiffs brought a class action suit against Chrysler arguing that using less expensive and less durable tubular steel to construct exhaust manifolds violated the Unfair Competition Law (UCL) and the Consumer Legal Remedies Act (CLRA).... more »

Huntington Beach Dealer Receives
$5.4 Million Verdict Against Manufacturer

Sometimes it pays to stand up to your manufacturers.... more »

Car Dealer Has Day in U.S. Highest Court
In Koons Buick Pontiac vs Nigh, the U.... more »

Arbitration clauses are enforceable...
even for car dealers

In Crippen vs Central Valley RV Outlet, the plaintiff bought a used motor home from defendant.... more »

A mediation provision...
with some teeth

In the case of Frei v.... more »

Good News Bad News on CLRA Case
In Corbett vs Hayward Dodge, the car dealer successfully defended a Consumer Legal Remedies Act claim, but was unable to get an award of attorney’s fees.... more »