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TRUMP UNIVERSITY LAWSUIT UPDATES
On February 8, 2016, Plaintiff Tarla Makaeff filed with the court a Motion to withdraw as a class representative and named plaintiff. The matter is fully briefed and pending to be heard by the Court on March 11, 2016. Redacted copies of Plaintiff’s briefing can be found here:
On November 18, 2015, the Court issued an
Order primarily denying Donald Trump and Trump University’s Motion for Summary Judgment. The Court dismissed plaintiffs’ claims for injunctive relief, but otherwise denied Defendants’ motion for summary judgment, holding that the case may proceed to trial on Plaintiffs’ claims for:
(1) Violation of California’s Unfair Competition Law (“UCL”),
(2) California’s False Advertising Law (“FAL”),
(3) California’s Consumers Legal Remedies Act (“CLRA”),
(4) Financial elder abuse under California law, Cal. Welf. & Inst. Code Section 15600
(5) Violation of New York’s consumer protection statute, Section 349 of NY’s General Bus. Law
(6) Violation of Florida’s consumer protection statute and elder abuse law, Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) and Misleading Advertising Law (“MAL”)
On September 21, 2015, Class Notice was mailed to potential class members throughout the country to advise of their rights and provide an opportunity to “opt out” or identify themselves as California or Florida senior citizen class members. Please see
http://www.trumpuniversitylitigation.com for more information and important documents. You can also click on following to view the
Mailed Notice,
Long-Form Notice, and
Postcard for Individuals Over 60.
On September 18, 2015, the Court issued an
Order granting in part and denying in part the motion to decertify the classes.
On October 27, 2014, the Court in a RICO class action against Donald Trump issued an
Order granting class certification of a nationwide class of all students who purchased live event seminars from Trump University from January 1, 2007 to the present. For more information regarding this Order, please visit our blog
here.
On June 17, 2014, the Southern District Court issued an
Order granting Plaintiff Tarla Makaeff’s Anti-SLAPP motion against Trump University, LLC (“Trump”), thereby dismissing Trump’s specious $1 million defamation counter-claim against Makaeff. While the victory came more than four years after Trump filed its counterclaim, Makaeff’s case resulted in an important reaffirmation of the applicability of the anti-SLAPP law in federal court. Because Makeaff’s statements arose from protected activity and Trump could not show a probability of prevailing on its defamation claim, the court granted Makaeff’s anti-SLAPP motion. The California Anti-SLAPP Project, a leader in protecting First Amendment Rights, published a thorough article discussing Makaeff’s Anti-SLAPP motion, which can be found by visiting their website
here.
On February 21, 2014, the Southern District Court issued an
Order granting in part Plaintiffs’ Motion to Certify a class action against Trump University, LLC and Donald J. Trump. The Court certified a class on behalf of all persons who purchased a Trump University three-day live “Fulfillment” workshop and/or “Elite” program (“Live Events”) in California, New York and Florida. The Court appointed Zeldes Haeggquist & Eck, LLP and Robbins Geller Rudman & Down, LLP as class counsel.
Also on February 21, 2014, the Southern District Court issued an
Order denying Donald J. Trump’s motion to dismiss Plaintiff Art Cohen’s RICO complaint against Trump asserting violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO Statute”), 18 U.S.C. § 1962(c).
On November 27, 2013, the Ninth Circuit Court of Appeal issued an
Order denying Trump University’s petition for re-hearing en banc in regard to the Ninth Circuit’s Order reversing the dismissal of Plaintiff’s Anti-SLAPP motion.
On October 18, 2013, Plaintiff Art Cohen filed a
RICO complaint against Donald Trump, asserting violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO Statute”), 18 U.S.C. § 1962(c).
On April 17, 2013, the Ninth Circuit Court of Appeal issued an
Order reversing the district court’s denial of Plaintiff Tarla Makaeff’s Anti-SLAPP motion. The Court held that Trump University is considered a “limited public figure,” due to its extensive advertising campaign, and thus would have to prove that Makaeff acted with actual malice when she accused it of fraud, in order to prevail on its defamation claim.
On September 26, 2012, Plaintiffs filed a
Third Amended Complaint.
On September 24, 2012, Plaintiffs filed a
Motion for Class Certification.
On October 12, 2010, the Southern District of California issued an
Order upholding our first amended class action complaint against Trump University as to nearly all claims, including claims for breach of contract, false advertising, violation of California’s Unfair Competition Law (finding Plaintiffs stated a claim that Trump University’s conduct was unlawful, unfair and… fraudulent) and Consumer Legal Remedies Act (CLRA), with leave to amend as to the other claims.
A
Second Amended Complaint was filed on December 16, 2010.
Trump University has also been named “Rogue of the Week” by the
Willamette Week.
On October 12, 2010, the Southern District of California issued an Order upholding our first amended class action complaint against Trump University as to nearly all claims, including claims for breach of contract, false advertising, violation of California’s Unfair Competition Law and Consumer Legal Remedies Act (CLRA), with leave to amend as to the other claims.
We are happy to report that the Court on May 17, 2011 issued and
Order Denying Donald Trump’s Motion to Dismiss and
Order denying Trump University’s Motion to Dismiss, upholding Plaintiffs claims for against both Donald Trump and Trump University for Fraud, Misrepresentation, Violation of the Unfair Competition Law, Consumer Legal Remedies Act, and False Advertising.