Andy Jang v. Asset Campus Housing, Inc. ( 2018 )


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  •                            NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                       OCT 12 2018
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    ANDY JANG, on behalf of himself and             No.    17-55757
    others similarly situated,
    D.C. No.
    Plaintiff-Appellant,            2:15-cv-01067-JAK-PLA
    v.
    MEMORANDUM*
    ASSET CAMPUS HOUSING, INC.; et al.,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Central District of California
    John A. Kronstadt, District Judge, Presiding
    Submitted October 10, 2018**
    Pasadena, California
    Before: HURWITZ and OWENS, Circuit Judges, and PRESNELL,*** District
    Judge.
    Andy Jang appeals from the district court’s summary judgment in his
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    ***
    The Honorable Gregory A. Presnell, United States District Judge for
    the Middle District of Florida, sitting by designation.
    putative class action alleging that a fee charged when he paid his rent using a credit
    card violated California Civil Code § 1748.1. As the parties are familiar with the
    facts, we do not recount them here. We affirm.
    Jang argues that the district court erred in determining that section 1748.1, as
    applied here, violated the First Amendment. However, this issue is controlled by
    our intervening decision in Italian Colors Restaurant v. Becerra, 
    878 F.3d 1165
    ,
    1179 (9th Cir. 2018), which held that section 1748.1, as applied to those plaintiffs,
    violated the First Amendment. Contrary to Jang’s contention, Italian Colors is not
    distinguishable.
    Because we affirm the district court’s summary judgment, we do not reach
    Jang’s arguments concerning the denial of class certification. See Hodgers-Durgin
    v. de la Vina, 
    199 F.3d 1037
    , 1039 (9th Cir. 1999).
    AFFIRMED.
    2
    

Document Info

Docket Number: 17-55757

Filed Date: 10/12/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021