Rubenstein v. The Gap

Plaintiff filed suit against the Gap, alleging that she was misled about the quality and authenticity of Gap and Banana Republic factory store clothing. Plaintiff alleged causes of action under the Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA). The Court of Appeal sustained the Gap's demurrer without leave to amend, holding that the second amended complaint (SAC) failed to state a FAL claim where it alleged no advertising or promotional materials or any other statements disseminated by Gap to consumers that its factory store clothing items were previously for sale in traditional Gap stores or were of a certain quality; the SAC failed to state a claim for violation of the UCL where selling nonidentical brand name clothing in a factory store was not fraudulent, unlawful nor unfair; the SAC failed to state a claim under the CLRA where it alleged no advertising or representation of any kind that Gap made about the characteristics or quality of its factory store merchandise; and the trial court acted within its discretion in denying leave to amend. View "Rubenstein v. The Gap" on Justia Law