As used in this title:
(a)“Goods” means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not
they are severable from the real property.
(b)“Services” means work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.
(c)“Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized.
(d)“Consumer” means an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.
(e)“Transaction” means an agreement between a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement.
(f)“Senior citizen” means a person who is 65 years of age or older.
(g)“Disabled person” means a person who has a physical or mental impairment that substantially limits one or more major life activities.
(1)As used in this subdivision, “physical or mental impairment” means any of the following:
(A)A physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.
(B)A mental or psychological disorder, including intellectual
disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. “Physical or mental impairment” includes, but is not limited to, diseases and conditions that include orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness.
(2)“Major life activities” means functions that include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(h)“Home solicitation” means a transaction made at the consumer’s primary residence, except those transactions initiated by the consumer. A consumer response to an advertisement is not a home solicitation.
Notes of Decisions
In re Fluidmaster, Inc., 149 F. Supp. 3d 940 (N.D. Ill. 2016).
· cites it 3× “” Cal. Civ. Code § 1761 (d) (emphasis added).”
Fairbanks v. Superior Court of Los Angeles Cnty., 205 P.3d 201 (Cal. 2009).
· cites it 3× “” (Civ. Code, § 1761, subd. (a).) It defines “services” as “work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.”
In re Yahoo! Inc. Customer Data Sec. Breach Litig., 313 F. Supp. 3d 1113 (N.D. Cal. 2018).
· cites it 2× “" Cal. Civ. Code § 1761 (d). "Goods" is defined as "tangible chattels bought or leased for use primarily for personal, family, or household purposes.”
Tietsworth v. Sears, 720 F. Supp. 2d 1123 (N.D. Cal. 2010).
· cites it 2× “The California Sub-Class: All Class members who are “consumers” as defined by California Civil Code § 1761(d). The Nationwide Class: All United States residents and entities who purchased a top-loading Kenmore Elite Oasis automatic washing machine equipped with an Electronic…”
In re iPhone Application Litig., 844 F. Supp. 2d 1040 (N.D. Cal. 2012).
· cites it 2× “” Cal. Civ. Code § 1761 (d). For example, this court has previously determined that the CLRA does not apply to the sale or license of software, because software is neither a “good” nor a “service” covered by the CLRA.”
Consum. Solutions Reo, LLC v. Hillery, 658 F. Supp. 2d 1002 (N.D. Cal. 2009).
· cites it 2× “” Cal. Civ.Code § 1761(a). “Services” are defined as “work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.”
Hughes v. Ester C Co., 930 F. Supp. 2d 439 (E.D.N.Y 2013).
· cites it 2× “¶ 53); see also Cal. Civ. Code § 1761 (d) (defining “consumer” as “an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes”).”
Huu Nguyen v. Nissan North Am., Inc., 932 F.3d 811 (9th Cir. 2019).
“ivil Procedure 23(b)(3) (or, in the alternative, under Rule 23(c)(4) for liability only), seeking to certify (1) a class of “[a]ll individuals in California who purchased or leased, from an authorized Nissan dealer, a new Nissan vehicle equipped with a FS6R31A manual…”
Mazur v. Ebay Inc., 257 F.R.D. 563 (N.D. Cal. 2009).
· cites it 2× “This act is designed to protect consumers, defined at section 1761(d) as “an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.”
Berkson v. Gogo LLC, 147 F. Supp. 3d 123 (E.D.N.Y 2015).
· cites it 5× “Defendants provide “services” within the meaning of California Civil Code sections 1761(b) and 1770.”
Alborzian v. JPMorgan Chase Bank, N.A., 235 Cal. App. 4th 29 (Cal. Ct. App. 2015).
· cites it 2× “) The CLRA defines “goods” as “tangible chattels bought or leased for use primarily for personal, family, or household purposes” (Civ. Code, § 1761, subd. (a)), and “services” as “work, labor, and services for other than a commercial or business use, including services furnished…”
— Cal. Civil Code § 1761(a) — 7 cases
Consum. Solutions Reo, LLC v. Hillery, 658 F. Supp. 2d 1002 (N.D. Cal. 2009).
“” Cal. Civ.Code § 1761(a). “Services” are defined as “work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.”
— Cal. Civil Code § 1761(a)(b) — 1 case
— Cal. Civil Code § 1761(b) — 6 cases
Consum. Solutions Reo, LLC v. Hillery, 658 F. Supp. 2d 1002 (N.D. Cal. 2009).
“” Cal. Civ.Code § 1761(a). “Services” are defined as “work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.”
Berkson v. Gogo LLC, 147 F. Supp. 3d 123 (E.D.N.Y 2015).
“Defendants provide “services” within the meaning of California Civil Code sections 1761(b) and 1770.”
— Cal. Civil Code § 1761(c) — 1 case
Berkson v. Gogo LLC, 147 F. Supp. 3d 123 (E.D.N.Y 2015).
“Defendants provide “services” within the meaning of California Civil Code sections 1761(b) and 1770.”
— Cal. Civil Code § 1761(d) — 26 cases
Huu Nguyen v. Nissan North Am., Inc., 932 F.3d 811 (9th Cir. 2019).
“ivil Procedure 23(b)(3) (or, in the alternative, under Rule 23(c)(4) for liability only), seeking to certify (1) a class of “[a]ll individuals in California who purchased or leased, from an authorized Nissan dealer, a new Nissan vehicle equipped with a FS6R31A manual…”
Mazur v. Ebay Inc., 257 F.R.D. 563 (N.D. Cal. 2009).
“This act is designed to protect consumers, defined at section 1761(d) as “an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.”
Tietsworth v. Sears, 720 F. Supp. 2d 1123 (N.D. Cal. 2010).
“The California Sub-Class: All Class members who are “consumers” as defined by California Civil Code § 1761(d). The Nationwide Class: All United States residents and entities who purchased a top-loading Kenmore Elite Oasis automatic washing machine equipped with an Electronic…”
In re iPhone Application Litig., 844 F. Supp. 2d 1040 (N.D. Cal. 2012).
“” Cal. Civ. Code § 1761 (d). For example, this court has previously determined that the CLRA does not apply to the sale or license of software, because software is neither a “good” nor a “service” covered by the CLRA.”
— Cal. Civil Code § 1761(e) — 4 cases
Tietsworth v. Sears, 720 F. Supp. 2d 1123 (N.D. Cal. 2010).
“The California Sub-Class: All Class members who are “consumers” as defined by California Civil Code § 1761(d). The Nationwide Class: All United States residents and entities who purchased a top-loading Kenmore Elite Oasis automatic washing machine equipped with an Electronic…”
Berkson v. Gogo LLC, 147 F. Supp. 3d 123 (E.D.N.Y 2015).
“Defendants provide “services” within the meaning of California Civil Code sections 1761(b) and 1770.”
— Cal. Civil Code § 1761(f) — 1 case
Berkson v. Gogo LLC, 147 F. Supp. 3d 123 (E.D.N.Y 2015).
“Defendants provide “services” within the meaning of California Civil Code sections 1761(b) and 1770.”
— Cal. Civil Code § 1761(g) — 1 case
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