Peterson

Plaintiffs Troy Peterson and Michael Jackson appeal from the judgment dismissing their case with prejudice after the court sustained the demurrers of defendant Cellco Partnership, doing business as Verizon Wireless, to plaintiffs’ (1) unfair competition cause of action under Business and Professions Code section 17200 et seq. (UCL) in their second amended complaint, and (2) unjust enrichment cause of action in their third amended complaint. For the reasons explained below, we conclude the court properly sustained, without leave to amend, defendant’s demurrer to (1) plaintiffs’ UCL claim because plaintiffs failed to allege sufficient facts to support their standing to bring the claim, and (2) plaintiffs’ unjust enrichment claim because it was based on alleged Insurance Code violations for which no private right of action exists and because plaintiffs received the benefit of the bargain.

FACTS

In their second amended complaint, plaintiffs brought a class action against defendant alleging five causes of actions, including claims for unfair business practices under the UCL and unjust enrichment. Plaintiffs alleged that (1) defendant “is a communication equipment vendor…