Suchard

Filed 3/21/

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

DAVID SUCHARD et al., Plaintiffs and Appellants, A169841

v. (Sonoma County SONOMA ACADEMY, Super. Ct. No. SCV-270984) Defendant and Respondent.

Plaintiffs are two parents and a student who paid tuition to defendant Sonoma Academy (the school or defendant). They allege the school employed three people who engaged in sexually abusive or inappropriate behavior with other students—neither the plaintiffs nor their children—and defendant did not disclose that conduct to them. Defendant’s omissions, according to plaintiffs, amounted to unfair business practices under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.; UCL),1 constructive fraud (Civ. Code, § 1573), and fraud by concealment. The named plaintiffs seek to pursue this action on behalf of a class of those who paid tuition to the school.

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this

opinion is certified for publication with the exception of parts III and IV of the…