Veera v. Banana Republic, LLC

BIGELOW, P. J.,*

Dissenting.—I respectfully dissent. I do not believe plaintiffs have raised a triable issue of fact as to reliance; therefore I would affirm the trial court judgment.

In Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310 [120 Cal.Rptr.3d 741, 246 P.3d 877] (Kwikset), the California Supreme Court explained that to establish a claim under Business and Professions Code section 17200 et seq.,1 the unfair competition law (UCL), or section 17500 et seq., the fair advertising law (FAL), as amended by Proposition 64 (Prop. 64), a consumer must plead and prove an “injury in fact”…