New UCL economic abstention doctrine decision: Acre v. Kaiser Foundation Health Plan, Inc.

In Acre v. Kasier Foundation Health Plan, Inc., ___ Cal.App.4th ___ (Jan. 27, 2010), the trial court sustained a demurrer to a UCL action without leave to amend based on: (a) the economic abstention doctrine; and (b) the conclusion that the complaint failed to allege a sufficient community of interest for class certification purposes.   Slip op. at 5-6.

The Court of Appeal (Second Appellate District, Division Seven) determined that the economic abstention doctrine did not apply (id. at 25-33) and also that the trial court had erred by dismissing the class certification allegations at the pleading stage (id. at 11-25).  The opinion is quite interesting and worth a full read.