KEARNS v. FORD MOTOR CO.

No. 07-55835.

567 F.3d 1120 (2009)

William Ray KEARNS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. FORD MOTOR COMPANY; Claremont Ford, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2009.


Attorney(s) appearing for the Case

Joseph D. Daly and Elisabeth A. Bowman, Coughlin Sotia Geller Rudman & Robbins LLP, San Diego, CA, for the plaintiff-appellant.

Thomas M. Riordan, O'Melveny & Myers LLP, Newport Beach, CA, for the defendants-appellees.

Before: HARRY PREGERSON, CYNTHIA HOLCOMB HALL and N. RANDY SMITH, Circuit Judges.


N.R. SMITH, Circuit Judge:

William Kearns's Third Amended Complaint ("TAC") claimed violations of California's Consumers Legal Remedies Act ("CLRA"), Cal. Civ.Code §§ 1750-1784, and California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof.Code §§ 17200-17210. Those state claims are subject to Rule 9(b) of the Federal Rules of Civil Procedure ("Rule 9(b)") which requires that allegations of fraud be pleaded with particularity. See

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