JANG v. ASSET CAMPUS HOUSING INC (2018)

United States Court of Appeals, Ninth Circuit.

Andy JANG, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. ASSET CAMPUS HOUSING, INC.; et al., Defendants-Appellees.

No. 17-55757

Decided: October 12, 2018

Before: HURWITZ and OWENS, Circuit Judges, and PRESNELL,** District Judge.

Ron Bochner, Attorney, Santa Clara, CA, for Plaintiff-Appellant Kevin K. Eng, Edward S. Zusman, Esquire, Counsel, Markun Zusman Freniere & Compton LLP, San Francisco, CA, Deepak Gupta, Gupta Wessler PLLC, Washington, DC, Gary Bruce Friedman, New York, NY, David S. Markun, Markun Zusman & Compton, LLP, Pacific Palisades, CA, for Defendants-Appellees Asset Campus Housing, Inc., Property Solutions International, Inc. Kevin K. Eng, Markun Zusman Freniere & Compton LLP, San Francisco, CA, for Defendant-Appellee Entrata, Inc.

MEMORANDUM ***

Andy Jang appeals from the district court’s summary judgment in his putative class action alleging that a fee charged when he paid his rent using a credit card violated California Civil Code § 1748.1. As the parties are familiar with the facts, we do not recount them here. We affirm.

Jang argues that the district court erred in determining that section 1748.1, as applied here, violated the First Amendment. However, this issue is controlled by our intervening decision in Italian Colors Restaurant v. Becerra, 878 F.3d 1165, 1179 (9th Cir. 2018), which held that section 1748.1, as applied to those plaintiffs, violated the First Amendment. Contrary to Jang’s contention, Italian Colors is not distinguishable.

Because we affirm the district court’s summary judgment, we do not reach Jang’s arguments concerning the denial of class certification. See Hodgers-Durgin v. de la Vina, 199 F.3d 1037, 1039 (9th Cir. 1999).

AFFIRMED.

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