Judge: James A. Mangione, Case: 37-2023-00002185-CU-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00002185-CU-BC-CTL CAMPFIELD VS VOLKSWAGEN GROUP OF AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Volkswagen Group of America, Inc.'s Demurrer is overruled.

'Section 17200 of the UCL defines unfair competition as any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7. Therefore, an act or practice is unfair competition under the UCL if it is forbidden by law or, even if not specifically prohibited by law, is deemed an unfair act or practice.' (Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1479–1480 (quotation marks and alterations omitted).) 'By borrowing violations of other laws, the UCL deems those violations unfair competition independently actionable under the UCL. [Citation.] Virtually any law-federal, state or local-can serve as a predicate for a section 17200 action.' (Id. at 1480 (quotation marks omitted).) Importantly, '[t]he remedies available under the UCL are 'cumulative to the remedies or penalties available under all other laws of this state.'' (Id. (quoting Bus. and Prof. Code § 17205 (alterations omitted).) Defendant claims that Plaintiff's UCL claim is improper because she has alleged claims that provide sufficient remedies at law. Although the UCL provides equitable remedies only, its remedies are intended to be cumulative. Plaintiff alleges that Defendant's purportedly unfair/unlawful/fraudulent business practices are ongoing and that injunctive relief is required to stop these practices. Although Defendant has identified several federal cases supporting his argument, there does not appear to be any California law addressing this issue. Given that the statute creates an independent violation for violations of other laws and that the UCL is a consumer protection statute designed to provide cumulative remedies, the Court rejects Defendant's argument that Plaintiff cannot plead a claim under Song-Beverly and the UCL. Furthermore, the Court finds that the complaint sufficiently alleges that Defendant engaged in unlawful and unfair business practices. (Compl. ¶ 39 (knowingly and intentionally selling defective vehicles), ¶ 42 (failing to provide repair shops close to dealerships and pay repair shops for work completed under warranty).) The minute order is the order of the Court.

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