• California Supreme Court Enforces Class Action and Injury in Fact Requirements for UCL
  • July 17, 2009 | Author: Felix Shafir
  • Law Firm: Horvitz & Levy LLP - Encino Office
  • In Arias v. Superior Court (June 29, 2009), the California Supreme Court held that a plaintiff who sues a defendant on behalf of himself and others under California's Unfair Competition Law ("the UCL") must satisfy procedural class action requirements. Thus, the Court held that the Court of Appeal correctly affirmed a trial court's decision to strike a UCL claim brought by the plaintiff against his former employer on behalf of himself and others because the plaintiff failed to comply with the pleading requirements for class actions.

    In Amalgamated Transit Union, Local 1756, AFL-CIO v. Superior Court (June 29, 2009), the California Supreme Court held that an association that has not itself suffered an actual injury cannot bring an action under the UCL. The Court determined that allowing an uninjured assignee of a UCL claim to stand in the shoes of the original injured claimant would contravene the UCL's express statutory standing requirement, which provides that a private UCL action can be brought only by a "person who has suffered injury in fact and has lost money or property as a result of the unfair competition." The Court also decided that an association cannot maintain a UCL claim based on the premise that its members have suffered an injury.