Michael Giaquinto of Hawkins Parnell & Young obtained a dismissal for a national retailer of paint and construction material products in a civil price gouging case in Los Angeles.
Plaintiff claimed Hawkins Parnell’s client violated California’s Unfair Competition Laws and the Consumer Legal Remedies Act throughout the COVID-19 pandemic and when Governor Gavin Newsom extended California’s price gouging prohibition through executive order N-44-20. During the discovery process, it was shown that the plaintiff could not satisfy the nexus requirement of UCL claims because there was a connection between the emergency and the purportedly excessive prices charged.
In response to comprehensive discovery, the plaintiff also could not produce any evidence that prices charged for the goods in question were 10 percent greater than the price charged immediately before COVID-19 declarations of emergency from President Donald Trump on March 13, 2020, and Governor Gavin Newson on March 14, 2020, respectively. Lacking the critical evidence to support the essential elements of the claims under the UCL, the plaintiff dismissed his claims against Hawkins Parnell’s client.
About Hawkins Parnell & Young
Hawkins Parnell & Young is a national defense litigation firm that has represented many of the largest and most well-known companies in high-risk litigation and business disputes. The 250-strong litigation team works with clients to develop winning defense strategies and, if necessary, try cases to verdict in all 50 states.
