On Wednesday, January 3, 2007, the Supreme Court denied review in three cases involving plaintiff-favorable, published Court of Appeal opinions:
- Aron v. U-Haul Co., ___ Cal.App.4th ___ (Oct. 3, 2006) (review denied 01/03/07, no. S148020). As explained in my original post, the Aron court reversed an order granting judgment on the pleadings of the plaintiff's UCL and CLRA claims.
- Hood v. Santa Barbara Bank & Trust, ___ Cal.App.4th ___ (Sept. 28, 2006) (review and depublication denied 01/03/07, no. S147931). There, the Court of Appeal held that federal law did not preempt the plaintiff's UCL, CLRA or other state-law claims. (Here is my original post on Hood.)
- Cohen v. DirecTV, Inc., 142 Cal.App.4th 1442 (Sept. 18, 2006) (review denied 01/03/07, no. S147997). Cohen held that a no-class-action arbitration provision was unconscionable under Discover Bank. (Click here for my original post on Cohen.) This order is consistent with the Supreme Court's other recent activity in no-class-action arbitration clause cases. It has been granting review in cases upholding such clauses, and denying review in cases striking them down.
In a fourth, defendant-favorable preemption case, WFS Financial, Inc. v. Superior Court (De La Cruz), 140 Cal.App.4th 637 (June 15, 2006), in which review was granted in September, the Supreme Court issued the following order, according to the docket:
In light of the parties' settlement, their stipulated request that the court vacate the Court of Appeal's judgment is granted. (Code Civ. Proc. § 128, subd. (a)(8).) The court finds there is no reasonable possibility that the interests of nonparties or the public will be adversely affected by vacating the judgment. (Ibid.) The court further finds that the reasons of the parties for requesting the vacating of the judgment outweigh any countervailing considerations. (Ibid.) The Court of Appeal is directed to dismiss the writ proceeding so that the superior court may consider the class settlement.
Accordingly, the Supreme Court will no longer be deciding the UCL preemption issue raised in this case, and the Court of Appeal's opinion remains uncitable. (See my prior posts on the opinion here and here.)