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BERGER v. HOME DEPOT USA, INC.

No. 11-55592.

741 F.3d 1061 (2014)

Benjamin BERGER, individually and on behalf of all other similarly situated and the general public, Plaintiff-Appellant, v. HOME DEPOT USA, INC., a Delaware Corporation, DBA The Home Depot, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2014.

Attorney(s) appearing for the Case

Taras P. Kick (argued), The Kick Law Firm, Santa Monica, CA; Thomas A. Segal , The Kick Law Firm, Los Angeles, CA, for Plaintiff-Appellant.

Allan E. Ceran , Burke, Williams & Sorenson, LLP, Los Angeles, CA; Dwight J. Davis , S. Stewart Haskins II (argued), and Jonathan R. Chally , King & Spalding LLP, Atlanta, GA, for Defendant-Appellee.

Before: RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and IVAN L.R. LEMELLE, District Judge.

OPINION

GOULD, Circuit Judge:

Benjamin Berger appeals from the stipulated dismissal with prejudice of his putative class-action claims against Home Depot. He alleges that Home Depot automatically imposed a ten percent surcharge for a damage waiver on tool rentals in its California stores, and although that fee was to be optional, Home Depot's failure to inform customers of their ability to decline the surcharge was a violation of California's Unfair Competition...

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