Moss v. U.S. Secret Service

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

In re Tobacco II Cases

Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

Fayer v. Vaughn

Holding that courts "accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the non-moving party"

Concha v. London

Holding that Rule 9(b) does not apply to ERISA fiduciary-duty claims

Stearns v. Ticketmaster Corp.

Holding that a district court erred in denying class certification by requiring individualized proof of reliance and causation, and remanding in light of In re Tobacco II Cases

Birdsong v. Apple

Holding that hypothetical injury was insufficient for standing

Mirkin v. Wasserman

Holding that in a class action, plaintiffs need only plead and prove actual reliance for the named plaintiffs and, if done, actual reliance will be presumed for the rest of the class

Doe v. U.S.

Holding that the plaintiff's motion for judgment on the pleadings was premature and should have been denied because it was filed before the defendant filed an answer

Weinstat v. Dentsply International, Inc.

Holding that "the concept of reliance has been purposefully abandoned" for express warranty claims under the California UCC

Donovan v. RRL Corp.

Holding that a licensed automobile dealer's advertisement regarding a particular vehicle at a specific price constituted an offer in light of the California Vehicle Code, which rendered illegal the failure to sell the vehicle at the advertised price to any person while it remained unsold

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Section 1750 - Title of act

Section 17500 - Untrue or misleading advertising

Requiring action that originated in California to effect consumers in another state

Section 2301 - Definitions

Including as consumers those entitled to enforce a warranty "under applicable State law"

Section 1794 - Action by buyer for damages and other legal and equitable relief

Describing damages for breach of an implied warranty "[w]here the buyer has rightfully rejected or justifiably revoked acceptance of the goods"

Section 1793.2 - Service and repair facilities

Allowing the buyer to "elect restitution in lieu of replacement"

Section 2313 - Express warranties by affirmation, promise, description, sample

Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"

Section 2314 - Implied warranty: merchantability; usage of trade

Adopting and codifying Uniform Commercial Code § 2-314

Section 1791.1 - Implied warranty of merchantability; implied warranty of fitness

Extending express warranty remedies to implied warranty