Smith v. Wells Fargo Bank, N.A. (2006)

Paduano's Advertising Claims Seek to Impose Duties Relating to Fuel Economy Standards and Would Also Impose Requirements upon Honda to Advertise Mileage Estimates Different from EPCA Requirements "When the issues regarding federal preemption involve undisputed facts, it is a question of law whether a federal statute or regulation preempts a state law claim and, on appeal, we independently review a trial court's determination on that issue of preemption." ( Smith v. Wells Far…

(Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1476 [ 38 Cal.Rptr.3d 653 ] (Smith); Hood v. Santa Barbara Bank & Trust (2006) 143 Cal.App.4th 526, 536 [ 49 Cal.Rptr.3d 369 ] (Hood).) “ ‘ “Federal regulations may preempt state law just as fully as federal statutes.” ’ ” (Hood, supra, 143 Cal.App.4th at p. 536 , quoting Smith, supra, 135 Cal.App.4th at p. 1475, fn. 6 .) *985 There is a general presumption against federal preemption of a state’s traditional polic…

(Id. at p. 1089.) “ ‘Three forms of preemption may occur: (1) where Congress expressly specifies that its enactment preempts state law (express preemption); (2) where the scheme of federal regulation is so pervasive that there is a reasonable inference Congress intended to dominate the field and state laws on the same subject are precluded (field preemption); and (3) where federal law actually conflicts with state law and it is impossible for a private party to comply with b…

VI, cl. 2; see Washington Mutual Bank v. Superior Court, supra, 95 Cal.App.4th at p. 612 , citing Smiley v. Citibank (1995) 11 Cal.4th 138, 147-148 [ 44 Cal.Rptr.2d 441 , 900 R2d 690].) Three forms of preemption may occur; (1) Express preemption: “ ‘where Congress expressly specifies that its enactment preempts state law’ ”; (2) field preemption: “ ‘where the scheme of federal regulation is so pervasive that there is a reasonable inference Congress intended to dominate the f…

The Motion For Summary Adjudication Was Correctly Decided A. Pertinent Law “A trial court’s order granting a motion for summary adjudication is reviewed de novo.” (Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1471 (Smith).) The same standards apply to a motion for summary adjudication as apply to a motion for summary judgment, the difference being that a summary adjudication motion only seeks summary resolution of a portion of a lawsuit, rather than the entir…

See Allied Grape Growers v. Bronco Wine Company, 203 Cal.App.3d 432, 449-52 , 249 Cal.Rptr. 872 (1988) (breach of contract may form the predicate for § 17200 claim, provided it also constitutes conduct that is “unlawful, or unfair, or fraudulent”); see also Smith v. Wells Fargo Bank, N.A., 135 Cal. App.4th 1463, 1483 , 38 Cal.Rptr.3d 653 (2005) (“systematic breach of certain types of contracts (e.g., breaches of standard consumer or producer contracts involved in a class act…

(Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1472 [ 38 Cal.Rptr.3d 653 ].) “Generally, if all the papers submitted by the parties show there is no triable issue of material fact and the ‘moving party is entitled to a judgment as a matter of law’ (Code Civ.

(See, e.g., Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1484 [parties may contract for more stringent disclosure notices than is required under regulations implementing the Truth in Savings Act ( 12 U.S.C. § 4301 et seq.)].) Alternatively, there may be instances in which a party obtains a contractual waiver of any obligation to disclose certain information, and such provisions are generally enforceable assuming the waiver is knowing and voluntary, and the du…

The 11 Court agrees with the City that, because the Original Complaint was filed in state court, it is 12 appropriate to look at California’s demurrer standards to determine whether these two causes of 13 action were actually alleged in the Original Complaint. 14 The City’s emphasis on the importance of the factual allegations, irrespective of identified 15 legal theories, see Smith v. Wells Fargo Bank, N.A., 135 Cal.App.4th 1463, 1485 (2005), 16 indicates that the these cau…

(Sharufa v. Festival Fun Parks, LLC (2020) 49 Cal.App.5th 493 , 497 [to determine whether a “defendant is entitled to summary [judgment] . . . .we review the entire record and ask whether a reasonable trier of fact could find in plaintiff’s favor”]; Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1474 [“if any evidence or inference therefrom shows or implies the existence of the required element(s) of a cause of action, the court must deny a defendant’s motion f…

(See generally Sharufa v. Festival Fun Parks, LLC (2020) 49 Cal.App.5th 493 , 497 [to determine whether a defendant is entitled to summary judgment, “we review the entire record and ask whether a reasonable trier of fact could find in plaintiff’s favor”]; Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1474 [“if any evidence or inference therefrom shows or implies the existence of the required element(s) of a cause of action, the court must deny a defendant’s mo…

(Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1472 [ 38 Cal.Rptr.3d 653 ].) II Residential Landlord’s Liability to Third Parties Duty is a necessary element of a cause of action for premises liability.

(See generally Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1485 [complaint is adequate if its factual allegations support a cause of action on any available legal theory, regardless of whether the cause of action is specifically pleaded].) At the time of trial, plaintiff either alleged or offered to prove the facts described in this section. 4 November 2005, the County posted notices of noncompliance on the property and later recorded the notices with the co…

(EHP Glendale, LLC v. County of Los Angeles (2011) 193 Cal.App.4th 262, 270 .) The court must consider all of the evidence and inferences to be drawn from it, and determine "what any evidence or inference could show or imply to a reasonable trier of fact." (Aguilar, supra, 25 Cal.4th at p. 856 .) Therefore, "if any evidence or inference therefrom shows or implies the existence of the required element(s) of a cause of action [or defense], the court must deny [a] motion for su…

Proc., § 425.10, subd. (a).) “A complaint is adequate if its factual allegations are sufficient to support a cause of action on any available legal theory (whether specifically pleaded or *496 not). [Citation.]” (Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1485 [ 38 Cal.Rptr.3d 653 ].) The complaint also need not particularize matters presumptively within the knowledge of the demurring defendant.

(See Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1480 [ 38 Cal.Rptr.3d 653 ]; Roskind v. Morgan Stanley Dean Witter & Co. (2000) 80 Cal.App.4th 345, 352 [ 95 Cal.Rptr.2d 258 ].) After the expiration of section 4310, plaintiffs filed a class action against Bank of America, N.A. (the Bank), alleging unlawful and unfair business practices based on violations of TISA disclosure requirements. 3 Plaintiffs asked for restitution, injunctive relief, and attorney fee…

(Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1484 [ 38 Cal.Rptr.3d 653 ].) The reason is that “ ‘a contractual requirement, although only enforceable under state law, is not “imposed” by the State, but rather is “imposed” by the contracting party upon itself.’ ” (Ibid., citing Cipollone, supra, 505 U.S. at p. 526, fn. 24 .) Appellants suggest that when a national bank voluntarily chooses to service state-originated loans on behalf of others, in essence it ag…

A breach of contract in turn may form the predicate for a UCL claim, “ ‘provided it also constitutes conduct that is “unlawful, or unfair, or fraudulent.” ’ [Citations.]” (Puentes v. Wells Fargo Home Mortgage, Inc. (2008) 160 Cal.App.4th 638, 645 [ 72 Cal.Rptr.3d 903 ].) With respect to the unfairness prong of Business and Professions Code section 17200, *490 appellate courts have recognized that “a systematic breach of certain types of contracts (e.g., breaches of standard …

The Trial Court Erred in Concluding That the CLRA Cause of Action Was Barred by Civil Code Section 1781, Subdivision (c) Although subdivision (c) of Civil Code section 1781 precludes a motion for summary judgment brought under Code of Civil Procedure section 437c, subdivision (c)(3) of Civil Code section 1781 empowers the trial court to determine that the action “is without merit or there is no defense to the action.” (See fn. 2, ante.) *42 Smith v. Wells Fargo Bank, N.A. (2…

(Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 180 [ 83 Cal.Rptr.2d 548 , 973 P.2d 527 ].) ‘Virtually any law-federal, state or local — can serve as a predicate for a [Business and Professions Code] section 17200 action. [Citation.]’ (State Farm Fire & Casualty Co. v. Superior Court (1996) 45 Cal.App.4th 1093, 1102-1103 [ 53 Cal.Rptr.2d 229 ], disapproved on another ground in Cel-Tech, at pp. 184-185.)” (Smith v. Wells Fargo Bank,…

(Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1475 [ 38 Cal.Rptr.3d 653 ].) The Linear case concerns federal jurisdiction over patent and copyright claims.

Code,] ง 17205.) `Under [Business and Professions Code] [section 17204], a private plaintiff may bring a UCL action even when "the conduct alleged to constitute unfair competition violates a statute for the direct enforcement of which there is no private right of action." [Citation.]' ( Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 950 [ 119 Cal.Rptr.2d 296 , 45 P.3d 243 ], quoting Stop Youth Addiction, Inc. v. Lucky Stores, Inc. [(1998) 17 Cal.4th 553 ,] 565 [ 71 Cal.Rptr.2d 7…

(Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1472 [ 38 Cal.Rptr.3d 653 ].) II Liability for Third Party Criminal Acts A Legal Principles “To prevail on [an] action in negligence, plaintiff must show that defendants owed [him or] her a legal duty, that they breached the duty, and that the breach was a proximate or legal cause of [his or] her injuries.” (Sharon P. v. Arman, Ltd. (1999) 21 Cal.4th 1181, 1188 [ 91 Cal.Rptr.2d 35 , *1300 989 P.2d 121 ] (Sharon R)…

“We review the trial court’s sustaining of a demurrer without leave to amend de novo, exercising our independent judgment as to whether a cause of action has been stated as a matter of law. [Citations.] We ‘give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]’ [Citation.] A judgment based on a dismissal must be affirmed if any of the grounds for demurrer raised by the defendant is well-taken and disposes of the com…

See, e.g. , Smith v. Wells Fargo Bank, N.A. , 135 Cal.App.4th 1463 , 38 Cal.Rptr.3d 653 , 665-73 (Cal. Ct. App. 2005), as modified on denial of reh'g (Jan. 26, 2006); Carpenters Health & Welfare Trust Fund for California v. McCracken , 83 Cal.App.4th 1365 , 100 Cal.Rptr.2d 473 , 474-77 (Cal. Ct. App. 2000).

See, e.g., Smith v. Wells Fargo Bank, 135 Cal. App.4th 1463, 1483 , 38 Cal.Rptr.3d 653 (2005); Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137, 1152 (9th Cir.2008) (“breach of contract may form the predicate for a UCL claim if the breach is unlawful, unfair, or fraudulent”).

See Smith, 135 Cal.App.4th at 1475 -76 & n. 5, 38 Cal.Rptr.3d 653 . .

See Smith, 135 Cal.App.4th at 1475 -76 & n. 5, 38 Cal.Rptr.3d 653 . [6] Given that they use somewhat similar language, this makes sense.

See Smith v. Wells Fargo Bank, N.A., 135 Cal.App.4th 1463 , 1480 n. 13, 38 Cal.Rptr.3d 653 (2005) (stating that after Proposition 64, “any person who has suffered injury in fact and has lost money or property as a result of such unfair competition ” can bring a UCL cause of action).

Compare Smith, 135 Cal.App.4th at 1476 n. 7, 1482, 38 Cal.Rptr.3d 653 (applying “express preemption” and interpreting a regulation that preempted only state “limitations” on a national bank’s practices); with 12 C.F.R. § 560.2 (a) (preempting state laws that “regulate or otherwise affect” a federal thrifts lending practices). 4 Finally, TILA’s savings clause also does not rescue Plaintiffs’ UCL claim.

(Chapman, at p. 226; see Klein v. Chevron U.S.A., Inc. (2012) 202 Cal.App.4th 1342, 1376 .) “[A] CLRA cause of action cannot be summarily disposed of by means of a motion for summary adjudication or summary judgment.” (Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1474 (Smith).) It can, however, “be dismissed before trial on a motion for a determination that it is without merit (i.e., a no-merit determination). [Citations.] In practice, courts . . . have appli…

(Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 334 ; see also, Smith v. Wells Fargo Bank, supra, 135 Cal.App.4th at p. 1471 .) We examine the facts presented to the trial court and determine their effect as a matter of law.

(Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 334 ; see also, Smith v. Wells Fargo Bank, supra, 135 Cal.App.4th at p. 1471 .) We examine the facts presented to the trial court and determine their effect as a matter of law.

(Aguilar, supra, 25 Cal.4th at p. 857 ; accord, Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1474 .) That is because an "inference is reasonable if, and only if, it implies [existence of the finding is] more likely than [its nonexistence]." (Aguilar, at p. 857; accord, Smith v. Wells Fargo Bank, at p. 1474.) "On appeal after a motion for summary judgment has been granted, we review the record de novo, considering all the evidence set forth in the moving and o…