In Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. Mar. 10, 2016), the Ninth Circuit considered a UCL "unlawful" prong claim predicated on violation of a federal statute. The UCL's four-year statute of limitations governed, the court held—not the shorter limitations period of the "borrowed" federal statute. Id. at 1177-78. Nor did the shorter limitations period preempt "the UCL's more generous" one. Id. at 1778-81.
A cert. petition was filed in June and remains pending. Possibly, the petition focuses on the court's holdings in the second half of the opinion, which considered whether the "borrowed" federal statute (the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq.) applied to the defendant's conduct. Id. at 1781-88.
Many thanks to the blog reader who brought this case to my attention. Although I have not been blogging as frequently this year as I have in the past, I always enjoy and appreciate hearing from my wonderful readers.