Admissions On The Merits And As To Sham Allegations Sealed The Result.
In Joseph v. CVS Pharmacy, Inc., Case No. B288641 (2d Dist., Div. 7 June 17, 2019) (unpublished), an in pro per vexatious litigant lost a Consumer Legal Remedies Act (CLRA) suit against CVS after a demurrer was sustained without leave. CVS moved for CLRA fees based on the fact that the suit was brought in bad faith. It requested $94,997, but the trial judge awarded CVS $54,486 instead. The 2/7 DCA affirmed. With respect to a prevailing CLRA defendant, it must show that the case was brought in subjective bad faith. (Corbett v. Hayward Dodge, Inc., 119 Cal.App.4th 915, 924 (2004).) That burden was not difficult to meet given plaintiff’s admissions on the merits and in prior sham pleadings. Affirmed.