Aron
Aron v. U-Haul Co. of California
Opinion
Opinion
Zelon, J.
—Leonard E.Aron appeals from a judgment on the pleadings in favor of U-Haul Company of California and U-Haul International, Inc., in his consumer class action alleging that U-Haul’s refueling charges and practices violate the California Consumers Legal Remedies Act, Civil Code section 1750 et seq. (CLRA) and the California unfair competition law, Business and Professions Code section 17200 et seq. (UCL). We conclude that Aron has alleged facts sufficient to state a cause of action under the UCL and section 1770, subdivision (a)(5) of the CLRA. Accordingly, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
1. U-Haul’s Refueling System
U-Haul Company of California and U-Haul International, Inc. (U-Haul), rent trucks to customers. Rather than supplying those customers with fully fueled trucks, U-Haul rents its trucks partially fueled, presenting them to each succeeding customer with the fuel remaining when the previous customer returned the vehicle. The level of the fuel gauge is the exclusive means of measurement relied on. If on return, the fuel gauge is lower than at rental, U-Haul charges the customer a $20 fueling fee as well as $2 per gallon for fuel estimated to have…