Legal Opinion

Feitelberg v. Credit Suisse First Boston

California Court of Appeal

Decided December 9, 2005No. H027476PublishedCited by 1 opinion

1Opinion of the Court

Opinion

McADAMS, J.

This is an appeal from a judgment of dismissal entered after the trial court sustained defendants’ demurrer. The dispositive issue before us is whether the remedy of nonrestitutionary disgorgement is available in a class action asserting violation of the state’s unfair competition statutes. We conclude that it is not. We therefore affirm the judgment.

BACKGROUND

In June 2003, plaintiff Jerome Feitelberg filed this action “on behalf of himself and all others similarly situated . . . and on behalf of the General Public,” against defendants Credit Suisse First Boston, LLC (CSFB),…

2Cases cited41 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
  3. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  4. Korea Supply Co. v. Lockheed Martin Corp.California Supreme Court · 2003
  5. City of San Jose v. Superior CourtCalifornia Supreme Court · 1974

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3Cited by1 opinion

  1. Feitelberg v. Credit Suisse First Boston, LLCCalifornia Court of Appeal · 2005

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