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WILSON v. BRAWN OF CALIFORNIA, INC.

Nos. A105461, A106368.

33 Cal.Rptr.3d 769 (2005)

132 Cal.App.4th 549

Jacq WILSON et al., Plaintiffs and Respondents, v. BRAWN OF CALIFORNIA, INC., Defendant and Appellant.

Court of Appeals of California, First District, Division One.

September 2, 2005.

Attorney(s) appearing for the Case

Severson & Werson, Donald J. Querio, Katherine A. Knopoff, San Francisco, Grippo & Elden LLC, Charles S. Bergen, George R. Dougherty, Maile H. Solis, Chicago, IL, for Defendant and Appellant Brawn of California, Inc.

Levy, Ram & Olson LLP, Arthur D. Levy, Heather M. Mills, Wayne L. Lesser, San Francisco, for Plaintiffs and Respondents Jacq Wilson et al.

AARP Foundation Litigation, Barbara Jones, Thomas Osborne, Michael Schuster, Washington, DC, for AARP, Amicus Curiae on behalf of Plaintiffs and Respondents Jacq Wilson et al.

STEIN, J.

The San Francisco Superior Court entered judgment against Brawn of California (Brawn), a mail order company, ruling that Brawn had engaged in a deceptive business practice by charging its customers an "insurance fee" of $1.48 with every order placed. The ruling presumed that Brawn, rather than its customers, bears the loss of risk in transit, so that its customers received nothing of value in return for paying the fee. The court also awarded plaintiff litigation...

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