In a recent unpublished opinion, the Court of Appeal (First Appellate District, Division Two) applied Tobacco II's discussion of actual reliance in a non-class common-law fraud case. Whiteley v. R.J. Reynolds Tobacco Co., Nos. A119345, A121027 (nonpub. Oct. 14, 2009).
This is interesting because there has been discussion of whether Tobacco II might make common-law fraud class actions easier to certify. This unpublished decision shows, at least, that Tobacco II is going to be instructive in such cases.