California Court of Appeal

In a class action complaint predicated on the defendant's practice of purchasing wholesale motor fuel in gallon units at a standardized temperature of 60 degrees Fahrenheit, but selling motor fuel to California consumers at an average temperature of approximately 70 degrees, the trial court's order granting the defendant's motion for judgment on the pleadings is reversed, and its order sustaining the defendant's demurrer to the plaintiffs' claims for breach of contract, unjust enrichment and unlawful business practices under the Unfair Competition Law (UCL) is affirmed in part and reversed in part, where: 1) the trial court erred in dismissing the plaintiffs' UCL and Consumer Legal Remedies Act (CLRA) claims pursuant to the judicial abstention doctrine; 2) the plaintiffs had standing to assert, and the complaint stated a cause of action for, violation of the UCL and CLRA; 3) the plaintiffs failed to state a claim for breach of contract; and 4) the trial court did not err in sustaining the defendant’s demurrer to the plaintiffs' unjust enrichment claim.

Appellate Information

• Decided 01/25/2012
• Published 01/25/2012

Judges

• Zelon

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Timothy P. Dillon, Latham & Watkins