Gasoline retail liability 558
April 16th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Klein v Chevron U.S.A., Inc. 202 Cal.App.4th 1342 (2012) (2/7) Consumer Legal Remedies Act CC § 1750, B&PC § 17200 et al, claim of selling gasoline by the gallon without adjusting for temperature expansion. San-Diego-Auto-Accident-lawyer Demurrers partially sustained, reversed. [1] Judicial abstention doctrine applies where complex policy issues in issue and alternative mechanism exists to resolve them. Not clear on demurrer whether complex issues need be resolved by courts or whether California Energy Commission could decide issues. [2] Claim stated under “unfair” prong of § 17200, using Camacho test (the most vague one) substantial injury, not outweighed by countervailing benefit and not avoidable by consumer. [3] Claim stated under “fraudulent” prong as consumers might be deceived by volume variations. [4] Claim stated under “illegal” unfair” prong as CLRA may form predicate unlawful act. [5] Contract claim: demurrer properly sustained, no breach for selling a gallon that is a gallon. San Diego personal injury attorney