Girard

Girard v. Toyota Motor Sales, U.S.A., Inc.

Good Law
316 F. App'x 561
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 07-56534California430 words

Opinion

Lead Opinion

MEMORANDUM ***

Daniel Girard appeals from the district court’s order granting Toyota Motor Sales, U.S.A., Inc.’s motion to dismiss for failure to state a claim. We affirm.

Gmard’s claims under California’s Unfair Competition Law (“UCL”) and Consumers Legal Remedies Act (“CLRA”) are governed by the “reasonable consumer” test, requiring him to “show that members of the public are likely to be deceived.” Williams v. Gerber Prods. Co., 523 F.3d 934, 938 (9th Cir.2008) (internal quotation omitted); Consumer Advocates v. Echostar Satellite Corp., 113 Cal.App.4th 1351 , 8 Cal.Rptr.3d 22, 29 (2003). “The likely to be deceived standard requires a probability that a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled.” People ex rel. Dep’t of Motor Vehicles v. Cars 4 Causes, 139 Cal.App.4th 1006 , 43 Cal.Rptr.3d 513, 521 (2006) (internal quotation omitted). Girard’s negligent misrepresentation claim likewise hinges on the reasonable consumer standard since justifiable reliance cannot be established if reasonable consumers would not rely on the purported misrepresentation. See Glen Holly Entm’t, Inc. v. *563…

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