California State Court Class Action Complaint

COMPLAINT — CLASS ACTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

Case No.: [________________________________]

Assigned for All Purposes to: Hon. [________________________________]

Dept.: [________________________________]

CLASS ACTION COMPLAINT FOR:

1. Violation of California Unfair Competition Law (Bus. & Prof. Code § 17200 et seq.)
2. Violation of California False Advertising Law (Bus. & Prof. Code § 17500 et seq.)
3. Violation of the Consumers Legal Remedies Act (Civ. Code § 1750 et seq.)
4. [________________________________]
5. [________________________________]

DEMAND FOR JURY TRIAL

Action Filed: [__/__/____]

Amount Demanded: Exceeds the jurisdictional minimum of this Court (unlimited civil case)

Plaintiff [________________________________] ("Plaintiff"), individually and on behalf of all others similarly situated, by and through undersigned counsel, alleges upon personal knowledge as to Plaintiff and Plaintiff's own acts, and upon information and belief as to all other matters, as follows:

I. INTRODUCTION AND NATURE OF THE ACTION

1. This is a class action brought under California Code of Civil Procedure § 382 on behalf of [________________________________] [describe the class] who were injured by Defendant's [________________________________] [describe unlawful conduct].

2. Defendant [________________________________] engaged in unlawful, unfair, and/or fraudulent business practices in violation of California law, including the Unfair Competition Law, the False Advertising Law, and the Consumers Legal Remedies Act.

3. Plaintiff seeks, on behalf of Plaintiff and the proposed Class, [________________________________] [describe relief, e.g., restitution, injunctive relief, actual damages under the CLRA, attorneys' fees under Code Civ. Proc. § 1021.5, etc.].

II. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action because the amount in controversy for Plaintiff and each member of the proposed Class, on an aggregate basis, exceeds the jurisdictional minimum of this Court (unlimited civil), and the action arises under California law.

5. This Court has personal jurisdiction over Defendant because Defendant:

☐ Is a corporation incorporated under the laws of the State of California, or maintains its principal place of business in California;

☐ Is registered with the California Secretary of State to do business in California;

☐ Conducts substantial business in California, including marketing, selling, and/or delivering products or services to California consumers;

☐ Committed acts in California giving rise to the claims alleged herein;

☐ Otherwise has continuous and systematic contacts with California sufficient to satisfy due process.

6. Venue is proper in this County pursuant to California Code of Civil Procedure § 395 and § 395.5 because:

☐ Defendant resides, has its principal place of business, or is doing business in this County;

☐ A substantial part of the acts or omissions giving rise to the claims occurred in this County;

☐ The contract sued upon was entered into or to be performed in this County;

☐ The obligation or liability arose, or the breach occurred, in this County;

☐ Other: [________________________________].

7. This action is properly designated as an "unlimited civil case" because the amount in controversy, exclusive of interest and costs, exceeds $35,000 (Cal. Code Civ. Proc. §§ 85-88).

III. PARTIES

A. Plaintiff

8. Plaintiff [________________________________] is, and at all relevant times was, an individual residing in the City of [________________________________], County of [________________________________], State of California.

9. Plaintiff [________________________________] [describe Plaintiff's connection to the claims, e.g., purchased Defendant's [product] on or about [__/__/____] in reliance on [representation], for personal, family, or household purposes].

B. Defendant

10. Defendant [________________________________] is, and at all relevant times was, a [________________________________] [corporation/LLC/limited partnership] organized and existing under the laws of [________________________________], with its principal place of business located at [________________________________].

11. At all relevant times, Defendant [________________________________] [describe Defendant's business activities relevant to the claims, including marketing/distribution in California].

12. The true names and capacities of Defendants sued as DOES 1 through 50, inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names pursuant to Cal. Code Civ. Proc. § 474. Plaintiff is informed and believes, and on that basis alleges, that each fictitiously named Defendant is responsible in some manner for the conduct alleged herein. Plaintiff will amend this Complaint to allege the true names and capacities of said Defendants when ascertained.

13. Plaintiff is informed and believes, and on that basis alleges, that at all relevant times each Defendant was the agent, servant, employee, partner, joint venturer, alter ego, and/or co-conspirator of each of the other Defendants, and in doing the acts alleged herein was acting within the course and scope of such relationship.

IV. FACTUAL ALLEGATIONS

A. Background

14. [________________________________]

15. [________________________________]

B. Defendant's Unlawful Conduct

16. [________________________________]

17. [________________________________]

18. [________________________________]

C. Plaintiff's Experience

19. On or about [__/__/____], Plaintiff [________________________________] [describe transaction, exposure to representation, or other contact with Defendant's product/practice].

20. In reliance on Defendant's [________________________________] [representation/omission/conduct], Plaintiff [________________________________].

21. As a result of Defendant's conduct, Plaintiff suffered injury in fact and lost money or property, including: [________________________________].

D. Harm to Class Members

22. Plaintiff and members of the proposed Class were harmed by Defendant's conduct in the same manner, in that [________________________________].

23. [________________________________]

V. CLASS ACTION ALLEGATIONS

24. Plaintiff brings this action on behalf of Plaintiff and all others similarly situated pursuant to California Code of Civil Procedure § 382 and California Rules of Court, Rules 3.760-3.771.

A. Class Definition

25. The proposed Class is defined as:

All persons in the State of California who [________________________________] during the period from [__/__/____] to the present (the "Class Period").

26. Plaintiff also seeks certification of the following Subclass(es), if appropriate:

27. Excluded from the Class and any Subclass are:

a. Defendant, its officers, directors, employees, agents, parents, subsidiaries, affiliates, and legal representatives;

b. The judicial officers assigned to this litigation and members of their immediate families and staff;

c. Persons who timely and properly exclude themselves from the Class;

d. Any persons who have previously released their claims against Defendant; and

e. [________________________________].

B. Ascertainability

28. The proposed Class is ascertainable. Class membership can be determined by objective criteria using Defendant's business records, including [________________________________] [e.g., transaction logs, customer lists, warranty/registration databases, sales records]. See Linder v. Thrifty Oil Co., 23 Cal. 4th 429, 435 (2000) (requiring an "ascertainable class").

C. Numerosity

29. The Class is so numerous that joinder of all members is impracticable. While the exact number of Class members is unknown to Plaintiff at this time and is in the exclusive control of Defendant, Plaintiff is informed and believes, and on that basis alleges, that the Class consists of at least [________________________________] persons throughout California.

30. The precise number of Class members and their identities are readily ascertainable from Defendant's records.

D. Community of Interest — Common Questions of Law and Fact

31. There is a well-defined community of interest among Class members in that common questions of law and fact predominate over questions affecting only individual members. See Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004, 1021 (2012). Common questions include, but are not limited to:

a. Whether Defendant engaged in [________________________________];

b. Whether Defendant's conduct constituted an unlawful, unfair, or fraudulent business practice in violation of Cal. Bus. & Prof. Code § 17200 et seq.;

c. Whether Defendant's representations were false, misleading, or likely to deceive a reasonable consumer in violation of Cal. Bus. & Prof. Code § 17500 et seq.;

d. Whether Defendant's conduct violated one or more provisions of the Consumers Legal Remedies Act, Cal. Civ. Code § 1770(a);

e. Whether Plaintiff and the Class are entitled to restitution, disgorgement, and/or injunctive relief;

f. Whether Plaintiff and the Class are entitled to actual damages and, where applicable, punitive damages under the CLRA;

g. The appropriate measure of restitution and/or damages; and

h. [________________________________].

E. Typicality

32. Plaintiff's claims are typical of the claims of the Class. Plaintiff, like all members of the Class, [________________________________] and was injured by the same course of conduct by Defendant. Plaintiff's claims arise from the same legal theories as those of the Class.

F. Adequacy of Representation

33. Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff has no interests antagonistic to or in conflict with the Class and has retained counsel competent and experienced in complex class action litigation.

34. Proposed Class Counsel are qualified, experienced, and able to conduct this litigation, and intend to prosecute this action vigorously for the benefit of the Class.

G. Superiority

35. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The damages or other monetary relief suffered by individual Class members are relatively small compared to the burden and expense of individual prosecution. Absent a class action, most Class members likely would find the cost of litigating their claims prohibitively expensive and would have no effective remedy. Individual litigation would also present the potential for inconsistent or contradictory judgments and would greatly increase the delay and expense to all parties and to the courts.

36. Class treatment will provide the benefits of unitary adjudication, economies of scale, and comprehensive supervision by a single court.

H. Substantial Benefits

37. Certification of this action will result in substantial benefits to litigants and the courts because it will avoid a multiplicity of individual lawsuits arising out of common questions of law and fact.

VI. CAUSES OF ACTION

COUNT I

Violation of California Unfair Competition Law

(Cal. Bus. & Prof. Code § 17200 et seq.)

(On Behalf of Plaintiff and the Class)

38. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

39. California's Unfair Competition Law ("UCL") prohibits any "unlawful, unfair or fraudulent business act or practice." Cal. Bus. & Prof. Code § 17200.

40. Defendant's conduct constitutes "unlawful" business acts or practices in violation of the UCL because Defendant has violated, inter alia, [________________________________] [identify predicate statutes: e.g., the False Advertising Law, the CLRA, federal consumer protection statutes].

41. Defendant's conduct constitutes "unfair" business acts or practices in violation of the UCL because [________________________________]. The harm to consumers caused by Defendant's conduct outweighs any legitimate business justification, and Plaintiff and Class members could not reasonably have avoided the harm.

42. Defendant's conduct constitutes "fraudulent" business acts or practices in violation of the UCL because Defendant's [________________________________] representations and/or omissions were likely to deceive reasonable members of the consuming public, and did in fact deceive Plaintiff and Class members.

43. Plaintiff and Class members suffered injury in fact and lost money or property as a result of Defendant's unfair competition, within the meaning of Cal. Bus. & Prof. Code § 17204 (as amended by Proposition 64).

44. Plaintiff, on behalf of Plaintiff and the Class, seeks: (a) an order enjoining Defendant from continuing its unlawful, unfair, and fraudulent business practices; (b) restitution of all monies wrongfully obtained by Defendant; (c) declaratory relief; and (d) attorneys' fees and costs pursuant to Cal. Code Civ. Proc. § 1021.5 and other applicable law.

COUNT II

Violation of California False Advertising Law

(Cal. Bus. & Prof. Code § 17500 et seq.)

(On Behalf of Plaintiff and the Class)

45. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

46. California's False Advertising Law ("FAL") prohibits any "unfair, deceptive, untrue or misleading advertising." Cal. Bus. & Prof. Code § 17500.

47. Defendant, in connection with the sale of [________________________________], made representations, including but not limited to [________________________________], which were untrue or misleading, and which were known, or which by the exercise of reasonable care should have been known, by Defendant to be untrue or misleading.

48. Plaintiff and Class members reasonably relied on Defendant's misrepresentations and suffered injury in fact and lost money or property as a result.

49. Plaintiff, on behalf of Plaintiff and the Class, seeks injunctive relief, restitution, and attorneys' fees and costs pursuant to applicable law.

COUNT III

Violation of the Consumers Legal Remedies Act

(Cal. Civ. Code § 1750 et seq.)

(On Behalf of Plaintiff and the Class)

50. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

51. The Consumers Legal Remedies Act ("CLRA") prohibits "unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer." Cal. Civ. Code § 1770(a).

52. Plaintiff and Class members are "consumers" within the meaning of Cal. Civ. Code § 1761(d). The transactions at issue were "transactions" intended to result in the sale of "goods" or "services" within the meaning of Cal. Civ. Code §§ 1761(a)-(c).

53. Defendant violated, and continues to violate, the CLRA by engaging in the following practices proscribed by Cal. Civ. Code § 1770(a), including but not limited to:

☐ § 1770(a)(5) — Representing that goods or services have characteristics, uses, or benefits which they do not have;

☐ § 1770(a)(7) — Representing that goods or services are of a particular standard, quality, or grade, when they are of another;

☐ § 1770(a)(9) — Advertising goods or services with intent not to sell them as advertised;

☐ § 1770(a)(14) — Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve;

☐ § 1770(a)(16) — Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not;

☐ Other: [________________________________].

54. On [__/__/____], in compliance with Cal. Civ. Code § 1782(a), Plaintiff served written notice on Defendant by certified mail, return receipt requested, identifying the alleged violations and demanding correction. ☐ Defendant failed to provide appropriate relief within 30 days. ☐ This Complaint initially seeks only injunctive relief under the CLRA, and Plaintiff will seek leave to amend to add a damages claim consistent with § 1782(d).

55. Concurrently with the filing of this Complaint, Plaintiff files the affidavit required by Cal. Civ. Code § 1780(d) showing that this action has been commenced in a proper forum.

56. Plaintiff, on behalf of Plaintiff and the Class, seeks: (a) actual damages under Cal. Civ. Code § 1780(a)(1) (subject to § 1782 compliance); (b) injunctive relief under § 1780(a)(2); (c) restitution under § 1780(a)(3); (d) punitive damages under § 1780(a)(4); (e) attorneys' fees and costs under § 1780(e); and (f) any other relief the Court deems proper.

COUNT IV

[________________________________]

(On Behalf of Plaintiff and the Class)

57. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

58. [________________________________]

59. [________________________________]

60. [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf of all others similarly situated, prays for judgment against Defendant as follows:

A. For an order certifying this action as a class action pursuant to Cal. Code Civ. Proc. § 382 and Cal. Rules of Court, Rule 3.764, appointing Plaintiff as Class Representative, and appointing the undersigned counsel as Class Counsel;

B. For an order directing class notice consistent with Cal. Rules of Court, Rule 3.766;

C. For restitution and/or disgorgement of all sums wrongfully obtained by Defendant, including under Cal. Bus. & Prof. Code §§ 17203 and 17535;

D. For actual damages in an amount according to proof at trial;

E. For statutory damages under the CLRA and any other applicable statute;

F. For punitive and exemplary damages under Cal. Civ. Code § 1780(a)(4) and Cal. Civ. Code § 3294, as appropriate;

G. For preliminary and permanent injunctive relief enjoining Defendant from continuing its unlawful, unfair, fraudulent, and/or deceptive practices, including [________________________________];

H. For declaratory relief that Defendant's conduct is unlawful;

I. For pre-judgment and post-judgment interest at the maximum legal rate;

J. For reasonable attorneys' fees and costs of suit, including under Cal. Code Civ. Proc. § 1021.5, Cal. Civ. Code § 1780(e), and any other applicable law; and

K. For such other and further relief as the Court deems just and proper.

VIII. DEMAND FOR JURY TRIAL

Plaintiff, on behalf of Plaintiff and the Class, hereby demands a trial by jury on all issues so triable.

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
Attorneys for Plaintiff and the Proposed Class

By: [________________________________]
[Attorney Name], Esq. (SBN [________])
[Firm Name]
[Address]
[City, State ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

VERIFICATION

I, [________________________________], declare:

I am the Plaintiff in the above-entitled action. I have read the foregoing Class Action Complaint and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

[________________________________]
[Print Name], Plaintiff

AFFIDAVIT OF VENUE (Cal. Civ. Code § 1780(d) — CLRA)

I, [________________________________], declare:

1. I am the Plaintiff in the above-captioned action.

2. This action has been commenced in a proper county for trial under Cal. Civ. Code § 1780(d) because:

☐ Defendant resides in this County;

☐ Defendant is doing business in this County;

☐ Defendant has its principal place of business in this County;

☐ The transaction or any substantial portion thereof occurred in this County;

☐ Other: [________________________________].

3. The facts supporting venue in this County include: [________________________________].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

[________________________________]
[Print Name], Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing CLASS ACTION COMPLAINT to be served upon Defendant via:

☐ Personal Service
☐ Substituted Service (Cal. Code Civ. Proc. § 415.20)
☐ Service by Mail with Notice and Acknowledgment (Cal. Code Civ. Proc. § 415.30)
☐ Service on Registered Agent
☐ Service by Publication (with court order)
☐ Electronic Service (where authorized)

Served upon:

[________________________________]
[________________________________]
[________________________________]

[________________________________]
Signature

Sources and References

• Cal. Code Civ. Proc. § 382 (general class action authorization)
• Cal. Rules of Court, Rules 3.760-3.771 (class action procedures)
• Cal. Bus. & Prof. Code §§ 17200-17210 (UCL); §§ 17500-17509 (FAL)
• Cal. Civ. Code §§ 1750-1784 (CLRA); § 1782 (30-day pre-suit notice); § 1780(d) (venue affidavit)
• Cal. Code Civ. Proc. § 395 (venue)
• Linder v. Thrifty Oil Co., 23 Cal. 4th 429 (2000) (ascertainable class; community of interest)
• Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) (predominance analysis)
• Washington Mutual Bank v. Superior Court, 24 Cal. 4th 906 (2001) (choice-of-law / class certification)

This template is for informational purposes only and does not constitute legal advice. California class action procedure has numerous traps for the unwary, including the CLRA pre-suit notice requirement (Cal. Civ. Code § 1782), the affidavit-of-venue requirement (Cal. Civ. Code § 1780(d)), and Proposition 64 standing requirements for UCL claims. Consult experienced California class action counsel before filing.