Pepper, N.A. v. Expandi, Inc., 15-cv-04066-NC. (2016)
Court: District Court, N.D. California
Number: infdco20160513d31
Visitors: 16
Filed: May 12, 2016
Latest Update: May 12, 2016
Summary: ORDER FOR ADDITIONAL BRIEFING RE: UNFAIR BUSINESS PRACTICES CLAIM NATHANAEL M. COUSINS , Magistrate Judge . Pepper's complaint states a claim under the California Unfair Business Practices Act, which prohibits the use of any "unlawful, unfair, or fraudulent business act or practice." Cal. Bus. & Prof. Code 17200. In its motion for summary judgment and proposed jury instructions, Pepper lists a number of statutes or theories of defendants' unlawful, unfair, or fraudulent business acts. At
Summary: ORDER FOR ADDITIONAL BRIEFING RE: UNFAIR BUSINESS PRACTICES CLAIM NATHANAEL M. COUSINS , Magistrate Judge . Pepper's complaint states a claim under the California Unfair Business Practices Act, which prohibits the use of any "unlawful, unfair, or fraudulent business act or practice." Cal. Bus. & Prof. Code 17200. In its motion for summary judgment and proposed jury instructions, Pepper lists a number of statutes or theories of defendants' unlawful, unfair, or fraudulent business acts. At s..
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ORDER FOR ADDITIONAL BRIEFING RE: UNFAIR BUSINESS PRACTICES CLAIM
NATHANAEL M. COUSINS, Magistrate Judge.
Pepper's complaint states a claim under the California Unfair Business Practices Act, which prohibits the use of any "unlawful, unfair, or fraudulent business act or practice." Cal. Bus. & Prof. Code § 17200. In its motion for summary judgment and proposed jury instructions, Pepper lists a number of statutes or theories of defendants' unlawful, unfair, or fraudulent business acts. At summary judgment, the Court did not address those theories, finding that Pepper's claim under § 17200 could continue, as attached to the other claims in the case. Dkt. No. 55.
Defendants object to most of the jury instructions, stating that Pepper did not disclose these theories in its complaint. Dkt. No. 77. The Court agrees with defendants that Pepper's complaint states a theory of liability under § 17200 limited to the other claims in the case.
Thus, the Court orders Pepper to state with particularity its theories of liability under the California Unfair Business Practices Act, and also state when and how Pepper disclosed each theory to defendants. Pepper must submit the additional briefing by Friday, May 13 at 4:00 p.m.
IT IS SO ORDERED.
Source: Leagle
