In a consumer's action alleging that a business violated the federal Telephone Consumer Protection

Overview

HOLDINGS: [1]-In a consumer's action alleging that a business violated the federal Telephone Consumer Protection Act, 47 U.S.C.S. § 227, and Cal. Bus. & Prof. Code §§ 17538.41, 17200, when it sent three unsolicited texts, class certification was granted because the ascertainability, Fed. R. Civ. P. 23(a) factors, and R. 23(b) factor of predominance were satisfied as liability turned on the common question of whether gym members consented to receiving texts simply by providing a phone number when they joined the gym, and further, the consumer was an adequate class representative, and a class action was superior to individual lawsuits.

Outcome

Civil litigation lets individuals and organizations use the courts to protect their interests. Several different types of cases fall under the category of civil litigation including breach of contract claims. To protect your interests you can hire lawyers to sue for breach of contract Orange County CA. Motion for class certification granted.

Overview

HOLDINGS: [1]-In an action for wrongful foreclosure, defendant's motion to dismiss was granted because plaintiff did not have standing to challenge defendant's foreclosure sale for two reasons, the court held that plaintiff, a borrower, could not challenge the assignment of her loan and plaintiff could not show prejudice which was the basis of plaintiff's wrongful foreclosure claim, and plaintiff lacked standing to bring such a claim; [2]-Defendant's motion to dismiss was granted with respect to plaintiff's cause of action for violation of Unfair Competition Law claim, Cal. Bus. & Prof. Code § 17200 et seq., because plaintiff failed to plead causation, and had not pleaded any loss or deprivation of money or property. Plaintiff did not allege that she would have paid less or been exempt from loan payments if securitization of her loan had been completed differently.

Outcome

Defendant's motion to dismiss granted.