Schnall

Appellant Peter Schnall filed this class action complaint seeking damages and injunctive relief against respondent Hertz Corporation (Hertz). His chief allegation was that, because Hertz’s fuel service charge was “excessive and punitive,” the rental agreement was unlawful, unfair and fraudulent within the meaning of the unfair competition law (Bus. & Prof. Code, § 17200) (hereafter the UCL) and an unconscionable contract of adhesion that was void as a matter of law. He alleged as well that, apart from the amount of the fuel service charge, provisions of the rental agreement purporting to disclose the charge were incomprehensible and misleading and also constituted an unfair and fraudulent practice under the UCL. Hertz demurred to the amended complaint on the ground plaintiff failed to state facts sufficient to constitute any of the alleged causes of action. The trial court sustained the demurrer without leave to amend and entered judgment for Hertz, dismissing the action with prejudice. This timely appeal is from that order.

I. Facts and Procedural Background

The facts are simple and, for present purposes, essentially undisputed. In 1995 appellant rented a car from…