California Court of Appeal

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O'Brien v. Camisasca Auto. Mfg., Inc., B195641

In a putative class action lawsuit alleging defendants' violation of Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA) for falsely representing items for sale as "Made in USA", grant of summary judgment for defendants is affirmed where: 1) original plaintiff suffered no "injury in fact" and has no standing as a matter of law; 2) trial court did not abuse its discretion in denying plaintiffs leave to amend the complaint to name a plaintiff with standing; and 3) plaintiffs failed to justify the long delay before suggesting they could amend, and have yet to move to amend or to submit an amended complaint showing how they could cure the standing deficiency.

Appellate Information

  • Decided 03/27/2008
  • Published 03/27/2008

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • The Rossbacher Firm, Henry H. Rossbacher, James S. Cahill and Talin Khachaturian Tenley, Los Angeles, for Plaintiff and Appellant.

  • For Appellees:
  • Law Offices of Barry P. King and Barry P. King, Los Angeles;  Jones, Bell, Abbott, Fleming & Fitzgerald L.L.P. and Fredrick A. Rafeedie, Los Angeles, for Camisasca Automotive Manufacturing, Inc., Defendant and Respondent., Jeffer, Mangels, Butler & Marmaro LLP, Stanley M. Gibson and Matthew D. Hinks, Los Angeles, for Volkswagen of America, Inc., Defendant and Respondent.
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