Wayne

I concur in the majority’s affirmance of the trial court’s rulings in favor of Staples, Inc. with respect to Wayne’s second cause of action, alleging the pricing of Staples’s “declared value coverage” is unconscionable and violates the Consumers Legal Remedies Act, Civil Code section 1750 et seq., and his third cause of action, *485 alleging Staples’s order form for its declared value coverage is deceptive and violates Business and Professions Code section 17500 et seq. for the reasons given by the majority. However, I respectfully disagree with the majority’s conclusion that Wayne’s first cause of action in his putative class action complaint, alleging Staples engaged in the sale of inland marine insurance without a license is an unlawful business practice in violation of Business and Professions Code section 17200.1 concede that a private plaintiff may bring an action under section 17200 for violations of licensing provisions of the Insurance Code as held in Stevens v. Superior Court (1999) 75 Cal.App.4th 594 [ 89 Cal.Rptr.3d 370 ], but I find no reason to sidestep the well established “principal-object-and-purpose test” in determining whether Staples was engaged in the sale of…

Alan Wayne appeals from the judgment entered after an order granting summary judgment in favor of Staples, Inc. in this putative class action filed by Wayne alleging that, in selling “declared value coverage” for packages shipped at its retail stores, Staples violated the Consumers Legal Remedies Act, Civil Code section 1750 et seq., by charging an unconscionable price; Business and Professions Code section 17500 et seq. by utilizing a deceptive parcel shipping order form; and Business and Professions Code section 17200 by selling inland marine insurance without a license. Although we affirm the trial court’s orders with respect to Wayne’s causes of action alleging unconscionable pricing and deceptive marketing, we reverse its ruling that Staples’s offer of declared value coverage as part of package shipping transactions is not subject to regulation under the Insurance Code and remand the matter for further proceedings as to the first cause of action for unfair business practices.

FACTUAL AND PROCEDURAL BACKGROUND

1. Staples’s Package Shipping Business and the Sale of Declared Value Coverage

The fundamental facts underlying Wayne’s complaint are essentially undisputed.…

Alan Wayne appeals from the judgment entered after an order granting summary judgment in favor of Staples, Inc. in this putative class action filed by Wayne alleging that, in selling "declared value coverage" for packages shipped at its retail stores, Staples violated the Consumers Legal Remedies Act, Civil Code section 1750 et seq., by charging an unconscionable price; Business and Professions Code section 17500 et seq. by utilizing a deceptive parcel shipping order form; and Business and Professions Code section 17200 by selling inland marine insurance without a license. Although we affirm the trial court's orders with respect to Wayne's causes of action alleging unconscionable pricing and deceptive marketing, we reverse its ruling that Staples' offer of declared value coverage as part of package shipping transactions is not subject to regulation under the Insurance Code and remand the matter for further proceedings as to the first cause of action for unfair business practices.

The fundamental facts underlying Wayne's complaint are essentially undisputed. Staples, a nationwide retailer of office supplies and services, offers package shipping services to its…