New UCL decision: Wolski v. Fremont Inv. & Loan
On Monday, the Court of Appeal ordered publication of Wolski v. Fremont Investment & Loan, ___ Cal.App.4th ___ (Nov. 2, 2004). A demurrer to the plaintiff's UCL claim was properly sustained without leave to amend, the court held, because as a matter of law, the alleged conduct did not violate Financial Code sections 4970 et seq. (the predatory lending law). "Because the cause of action for violation of Business and Professions Code section 17200 was predicated on the violation of the predatory lending law, it, too, must fail." Slip op. at 6. Again, I must emphasize the importance for plaintiffs of alleging each prong of the UCL separately ("unfair" vs. "fraudulent" vs. "unlawful"), whenever factually and legally possible.
- posted by Kim Kralowec @ 12:01 AM