In re Fireside

Severson & Werson, Jan T. Chilton, Mark D. Lonergan and Regina J. McClendon for Real Party In Interest.

In these coordinated class actions challenging a lender's collection practices, the trial court denied all relief to, and eventually entered dismissals with prejudice against, all class members against whom the lender had previously secured judgments in separate collection actions. The chief ground on which this ruling is challenged is that the unfair competition law (UCL), Business and Professions Code section 17200 et seq., empowered the trial court to disregard the judgments, or even grant affirmative relief from them, on a classwide basis. We hold that the UCL cannot be so understood. Since no other ground of relief is urged, we will affirm the orders and judgment from which the appeal is taken. We will deny the related writ petition as moot.

This matter was previously before this court in Fireside Bank v. Superior Court (Oct. 21, 2005, H027976), review granted February 1, 2006, S139171, reversed in part by Fireside Bank v. Superior Court (2007) 40 Cal.4th 1069 [ 56 Cal.Rptr.3d 861 , 155 P.3d 268 ]. The background of the case is suitably summarized in the…