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Court of Appeal (Cal.), Critical of Appellate Record, Affirms Trial Court’s Finding that Corporate Purchase Does Not Preclude Consumer Use under CLRA

by Scott J. Hyman |

In Kalta v. Fleets 101, No. B292185, 2019 Cal. App. LEXIS 1060 (Ct. App. Oct. 29, 2019), the Court of Appeal affirmed the trial court’s finding that the Plaintiff was a “consumer” under the CLRA. Defendant does not tell us the standard of review; does not summarize the facts, detailed ante, supporting a finding that the vehicle was purchased for… Read More

District Court (Cal.) Confirms CLRA Does Not Apply to Business Transactions

by Scott J. Hyman |

In Frezza v. Google Inc., 2012 WL 5877587 (N.D.Cal. (2012), Judge Whyte held (in evaluating Google's 'tag' program) that the CLRA applies only to consumer transactions, and does not apply to business transactions. The court first looks to whether plaintiffs even qualify as consumers for protection under the CLRA. A violation of the CLRA may only be alleged by a consumer. Von… Read More