In Fairbanks v. Farmers New World Life Ins. Co., ___ Cal.App.4th ___ (Jul. 13, 2011), the Court of Appeal (Second Appellate District, Division Three) affirmed an order denying class certification of a UCL "fraudulent" prong claim. The case challenged the allegedly deceptive manner in which the defendant marketed and sold certain life insurance policies.
The Court agreed that "the intervening opinion of the Supreme Court in Tobacco II renders immaterial the trial court's finding that the issue of reliance is not subject to common proof." Slip op. at 24. The Court went on to affirm, however, finding that the case had a Kaldenbach problem. Id. at 26-30.