In Rubio v. Capital One Bank, ___ F.3d ___ (9th Cir. Jul. 21, 2010), the Ninth Circuit addressed UCL standing and held that loss of a line of credit constitutes a loss of money or property sufficient to confer Prop. 64 standing. Slip op. at 10400-01.
The court also noted the split in authority on the definition of "unfair," but found it unnecessary to choose between the different definitions because the defendant's conduct was unfair under both. Id. at 10402.
Finally, the court applied the pre-Prop. 64 formulation of the "fraudulent" prong (conduct likely to deceive a reasonable consumer). Id. at 10402 (citing Tobacco II and Williams v. Gerber Prods. Co., 552 F.3d 934, 938 (9th Cir. 2008)).