Hansen
Hansen v. Newegg.com Ams., Inc.
Opinion
lead Opinion
Zelon, J.
*719 Plaintiff M. George Hansen filed false advertising claims under the unfair competition law ( Bus. & Prof. Code, § 17200 ), the false advertising law ( Bus. & Prof. Code, § 17500 et seq . ) and the Consumers Legal Remedies Act ( Civ. Code, § 1750 et seq . ) alleging that electronics retailer Newegg.com used fictitious former price information in its advertisements that mislead customers to believe they were receiving merchandise at a discounted price. Hansen further alleged that he had relied on fictitious former price information in making two purchases from Newegg's website, and that he would not have made the purchases had he known the former price information was false.
Newegg filed a demurrer arguing that Hansen lacked standing to pursue his claims because he had not lost "any money *64 or property" (see Bus. & Prof. Code, §§ 17204, 17535 ) as a result of the allegedly false former price representations. More specifically, Newegg contended that although Hansen alleged he had spent money in reliance on the false former price representations, his complaint showed he received the "benefit of his bargain," having obtained the product he wanted at the price it was offered.…