Supreme Court to hand down two opinions of interest today: Clark v. Superior Court and Lu v. Hawaiian Gardens

According to Friday's notice of forthcoming filings, two opinions of interest will be handed down this morning at 10:00 a.m.:

• Clark v. Superior Court (Nat'l Western Life Ins.), ___ Cal.4th ___ (Aug. 10, 2010) (no. S174229)
  
• Lu v. Hawaiian Gardens Casino, Inc., ___ Cal.4th ___ (Aug. 10, 2010) (no. S171442)

Clark involves whether the enhanced remedies of Civil Code section 3345 (applicable in certain cases brought by senior citizens and disabled persons) are recoverable in a UCL "unlawful" prong case predicated on violation of that statute.  Here's my original post on the case. 

Lu involves whether Labor Code section 351 creates a private right of action.  The case also included a UCL "unlawful" prong cause of action, my original discussion of which is here. 

Comments

[rb]

Re Lu, I would say Justice Chin is 0/2 on UCL cases. This and Cel-Tech very poorly reasoned. He analyzes the legislative history of the statute in issue, but not the legislative and judicial history of the UCL itself, which clearly was intended to cover this kind of situation. Clearly, the acts alleged are unlawful, as is conversion and both should properly tether this to an unlawfulness prong case.