Shvarts
Shvarts v. Budget Group, Inc.
Opinion
Opinion
Hastings, J.
Plaintiffs Lev Shvarts and Michael Holtz appeal from an order of dismissal after the trial court sustained a demurrer without leave to amend their first amended complaint. Appellants sued Budget Group, Inc. (respondent), a car rental company, for unfair business practices based on refueling charges for rental cars returned without full gas tanks. We conclude that the trial court did not err, and we affirm.
Facts
For purposes of appeal, we accept the facts alleged in the pleadings as true. (O’Hara v. Western Seven Trees Corp. (1977) 75 Cal.App.3d 798, 802 [ 142 Cal.Rptr. 487 ].)
Appellants assert four causes of action against respondent, the first for unlawful business practices (Bus. & Prof. Code, § 17200 et seq.), the second for money had and received, the third for restitution and the fourth for violation of the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.). The complaint alleges a class action that “seeks to redress one of the most exploitative practices of the car rental industry—charging customers punitive fees for gasoline when the customers fail to comply with their obligation to return rented vehicles with the same level of fuel the car contained…