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Simpson Thacher Achieves Dismissal For Citibank

01.26.12

On January 25, 2012, in a 27 page opinion, Judge Carl West of the Superior Court of California, County of Los Angeles, sustained the demurrer of Citibank without leave to amend in a decade-old consumer class action lawsuit.  The Plaintiffs alleged that Citibank violated California’s unfair competition law by allegedly funding usurious equipment leases that Plaintiffs entered into with now bankrupt Commercial Money Center.  The Court dismissed Plaintiff’s unfair competition law claim against Citibank on several grounds including that an unfair practices claim cannot be based on vicarious liability. 

The Simpson Thacher litigation team included George Wang in the New York office and Chet Kronenberg and Sarah Luppen in the Los Angeles office.  Mr. Kronenberg argued the demurrer on behalf of Citibank.