· 3/15/2007
Labajo v. Best Buy Stores, L.P.
Citations
- 478 F. Supp. 2d 523
- 2007 U.S. Dist. LEXIS 21868
- 2007 WL 764418
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “[t]here is . . . no real conflict between the laws of California and New York for . . . unjust enrichment” and collecting cases laying out the elements of each claim
- “[I]t would be more appropriate for the Court to address the commonality, i.e., conflicts of law analysis, during the class certification stage, after class discovery.”
- consumer who was allegedly deceived by store's free-magazine promotion could not bring negligence claim because \she does not allege any personal injury or property damage\
- “There is . . . no real conflict between the laws of California and New York for breach of contract[.]”
- “When there is a bona fide dispute as to the existence of a contract . . . assertion of a breach of contract claim does not preclude [plaintiff] from pleading an unjust enrichment claim in the alternative.”
- “When there is a bona fide dispute as to the existence of a contract, a party may proceed upon a theory of unjust enrichment, and an unjust enrichment claim may be alleged alongside a breach of contract claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.