Rubenstein

Rubenstein v. Gap, Inc.

Caution
14 Cal. App. 5th 870·2017 Cal. App. LEXIS 734·222 Cal. Rptr. 3d 397
Court of Appeal of CaliforniaAugust 24, 2017B272356California4,312 words

Opinion

lead Opinion

Lui, J.

*873 Plaintiff and appellant Linda Rubenstein appeals from a judgment entered after the trial court sustained the demurrer of defendant and respondent The Gap, Inc. (Gap) without leave to amend. The trial court found that Rubenstein could not state claims under our state's Unfair Competition Law (UCL), Business and Professions Code section 17200 et seq. ; False Advertising Law (FAL), Business and Professions Code section 17500 et seq. ; or Consumers Legal Remedies Act (CLRA), Civil Code section 1750 et seq., because she failed to allege a misrepresentation or an actionable omission on the part of Gap. Instead, she alleged only that Gap deceptively sells lesser-quality Gap and Banana Republic clothing items at Gap and Banana Republic "Factory Stores," items that are never sold at "traditional" Gap and Banana Republic stores. We affirm the judgment.

BACKGROUND

Rubenstein filed her operative second amended complaint (SAC) on August 31, 2015, purporting to allege causes of action under the FAL, UCL, and CLRA. The factual basis for all of the causes of action was identical: (1) Gap uses "Gap" and "Banana Republic" in naming its factory stores, which are located in outlet malls; (2)…

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