New UCL decision: Wolski v. Fremont Inv. & Loan
On Friday, in Wolski v. Fremont Inv. & Loan, ___ Cal.App.4th ___ (Mar. 4, 2005) (opinion on rehearing), the Court of Appeal (Fourth Appellate District, Division Three) reiterated the rather obvious proposition that a UCL "unlawful" prong claim fails if the plaintiff cannot establish a violation of the underlying 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 12.) This case, once again, illustrates why it's best to plead the UCL's three prongs separately, whenever factually and legally possible. My post on the original Wolski opinion is here.
- posted by Kim Kralowec @ 10:10 AM