California Court of Appeal

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Veera vs. Banana Republic, LLC, 270796

In a putative class action against a clothing and accessories retailer with stores throughout California, alleging that signs in their store windows advertising a 40 percent off sale were false or misleading because they did not disclose that the discount applied only to certain items, alleging causes of action under the Unfair Competition Law, Bus. & Prof. Code section 17200 et seq. (UCL), the False Advertising Law, Bus. & Prof. Code section 17500 et seq. (FAL), and the Consumers Legal Remedies Act, Civ. Code section 1750 et seq. (CLRA), the trial court's grant of summary judgment in favor of defendant, concluding that plaintiffs lacked standing because they failed to raise a triable issue whether they suffered injury in fact and lost money or property, is reversed where plaintiffs raised a triable issue whether they lost money or property sufficient to qualify as injury in fact, i.e., economic injury, and whether that economic injury was the result of, i.e., caused by, the unfair business practice or false advertising that is the gravamen of the claim.

Appellate Information

  • Decided
  • Published 2016/12/15

Judges

  • WILLHITE

Court

  • California Court of Appeal

Counsel