Cpf Agency Corp. v. R&S Towing Service

Opinion

O’ROURKE, J.

Plaintiff CPF Agency Corp., on behalf of itself and the general public, sued R&S Towing (defendant), alleging defendant overcharged vehicle owners for vehicle storage fees in violation of Vehicle Code section 22658, subdivision (i)(2). On defendant’s motion, the superior court struck plaintiff’s causes of action for fraud, negligence per se and violations of California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq., hereafter the UCL) on grounds the state regulation was preempted by federal law. On appeal, plaintiff contends the court erred in striking its…