Monday, June 4, 2007

California's UCL - "Inference of Common Reliance" Standard

The California Court of Appeals (Third District) recently held that plaintiffs could base a class action under California's Unfair Competition Law on an "inference of common reliance" (as opposed to actual reliance): McAdams v. Monier

Plaintiffs alleged that the defendant - a manufacturer of roof tiles - failed to disclose that the color of the tiles would fade away leaving bare concrete.   The UCL count required plaintiffs to have "suffered injury in fact...and have lost money ...as a result of" defendant's failure to disclose.  (California's UCL was amended by Proposition 64 in 2004; prior to these amendments, no reliance was required under the UCL). 

The trial court denied plaintiff's motion to certify the class, finding the amended UCL required a showing of actual reliance, which defeated commonality.  The Court of Appeals, however, reversed imposing "an inference of common reliance" standard.

-SBS

http://lawprofessors.typepad.com/tortsprof/2007/06/californias_ucl.html

MDLs and Class Actions | Permalink

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