Prata

The principal issue in this writ proceeding is whether the trial court erred in granting real party in interest summary adjudication, terminating a cause of action brought under the unfair competition law (UCL). The cause of action asserts that a bank was responsible for false and misleading advertising in promoting a credit program as “Same-As-Cash” when it was not. The trial court granted summary adjudication because it concluded this cause of action was not suitable as a representative action. The court reasoned that since there were many separate advertisements for the program in question, which was marketed in California through hundreds of merchants, it would have to hear evidence about thousands of transactions in order to rule on the merits.

Petitioner and amicus curiae, the Attorney General of California, argue that no such individualized inquiry is required in order to find a violation of section 17200. We agree with this position, and conclude that the trial court abused its discretion in ruling that the action should not be brought as a representative action under the UCL. For this and other reasons, which we shall discuss, we grant the petition for writ of…