(Violation of the “Fraudulent” Prong of the UCL)   (Violation of the California False Advertising Law,   California Business & Professions Code Sections 17500, et seq.)   (Violation of the “Unfair” Prong of the UCL)   (Violation of the Consumers Legal Remedies Act,   California Civil Code Sections 1750, et seq.: Injunctive Relief)   (Violation of the “Unlawful” Prong of the UCL)   1. Violation of the “Unfair” Prong of  the UCL   2. Violation of the “Fraudulent” Prong  of the UCL   23.  Traditionally, retail outlet stores were located in remote areas and  typically maintained an inventory of defective and excess merchandise. Customers  often flocked to these outlets in hopes of finding steep discounts and bargains. See  http://www.forbes.com/sites/investopedia/2012/12/29/7-tips-for-outlet-mall-shopping/  (last visited August 11, 2014).   26  DATED: October 10, 2014  LAW OFFICES OF WAYNE S. KREGER,  3. Violation of the “Unlawful” Prong of  the UCL   36.  Plaintiff incorporates and realleges by reference each and every  allegation contained in the preceding paragraphs as if set forth herein in full.   37.  Plaintiff brings this action on behalf of himself and the members of the  proposed Class.  The proposed Class consists of:  All individuals residing in the State of California who, within the  applicable statute of limitations preceding the filing of this action,  purchased  Nordstrom Rack Products.   38.  Excluded from the Class are Nordstrom, its parents, subsidiaries,  affiliates, officers and directors, any entity in which Nordstrom has a controlling  interest, all customers who make a timely election to be excluded, governmental  entities, and all judges assigned to hear any aspect of this litigation, as well as their  immediate family members.   39.  The members of the Class are so numerous that joinder is impractical.   The Class consists of thousands of members, the precise number which is within the  knowledge of and can be ascertained only by resort to Nordstrom’s records.   4. Violation of the California False  Advertising Law, California Business &  Professions Code Sections 17500, et  seq.   46.  Plaintiff incorporates and realleges by reference each and every  allegation contained in the preceding paragraphs as if fully set forth herein.    47.  The UCL defines unfair business competition to include any “unlawful,  unfair or fraudulent” act or practice, as well as any “unfair, deceptive, untrue or  misleading” advertising. Business & Professions Code § 17200.   48.  A business act or practice is “unfair” under the UCL if the reasons,  justifications and motives of the alleged wrongdoer are outweighed by the gravity of  the harm to the alleged victims.    53.  Plaintiff incorporates and realleges by reference each and every  allegation contained in the preceding paragraphs as if fully set forth herein.    54.  The UCL defines unfair business competition to include any “unlawful,  unfair or fraudulent” act or practice, as well as any “unfair, deceptive, untrue or  misleading” advertising. Cal. Bus. & Pro. Code § 17200.   55.  A business act or practice is “fraudulent” under the UCL if it is likely to  deceive members of the consuming public.    56.  The labels on the Nordstrom Rack Products and advertising materials  concerning false former prices were fraudulent within the meaning of the UCL  because they deceived Plaintiff, and were likely to deceive members of the class, into  believing that Nordstrom was offering value, discounts or bargains at Nordstrom Rack  stores from the prevailing market value or worth of the products sold that did not, in  fact, exist.   57.  Nordstrom deceived consumers into believing that it was offering value,  discounts or bargains at Nordstrom Rack stores from the prevailing market value or  worth of the Nordstrom Rack products sold that did not, in fact, exist.    62.  Plaintiff incorporates and realleges by reference each and every  allegation contained in the preceding paragraphs as if fully set forth herein.    63.  The UCL defines unfair business competition to include any “unlawful,  unfair or fraudulent” act or practice, as well as any “unfair, deceptive, untrue or  misleading” advertising. Business & Professions Code § 17200.   64.  A business act or practice is “unlawful” under the UCL if it violates any  other law or regulation.    65.  California statutory and regulatory law also expressly prohibits false  former pricing schemes. Business & Professions Code § 17501, entitled “Value  determinations; Former price advertisements,” states:  For the purpose of this article the worth or value of anything advertised is  the prevailing market price, wholesale if the offer is at wholesale, retail if  the offer at retail, at the time of publication of such advertisement in the  locality wherein the advertisement is published.   No price shall be advertised as a former price of any advertised thing,  unless the alleged former price was the prevailing market price as above  defined within three months next immediately preceding the publication  of the advertisement or unless the date when the alleged former price did  prevail is clearly, exactly and conspicuously stated in the advertisement.  [Emphasis added.]    72.  Plaintiff incorporates and realleges by reference each and every  allegation contained in the preceding paragraphs as if fully set forth herein.    73.  California’s Business and Professions Code §§ 17500, et seq. prohibits  unfair, deceptive, untrue, or misleading advertising, including, but not limited to, false  statements as to worth, value and former price.    76.  Plaintiff incorporates and realleges by reference each and every  allegation contained in the preceding paragraphs as if fully set forth herein.    77.  This cause of action is brought pursuant to the CLRA.    ACTION COMPLAINT AND  DEMAND FOR JURY TRIAL  