The Second District of California Court of Appeal recently refused to extend the continuing violations doctrine to causes of action brought under the Unfair Competition Law ("UCL"). The Court of Appeal held that the trial court properly sustained the defendant's demurrer on the ground that the UCL cause of action was barred by the statute of limitations.

In Aryeh v. Canon Business Solutions, Inc., B213104 (June 22, 2010), the plaintiff brought a class action for violation of the UCL, claiming Canon overcharged him for copies under his copier rental agreements. Shortly after he entered into the rental agreements, the plaintiff noticed that the meter readings taken by Canon's field service personnel differed from the number of copies actually made on the leased copiers. The plaintiff asked Canon numerous times, orally and in writing, to repair the copiers and take accurate readings. When Canon took no action, the plaintiff began keeping his own records and determined that he was being charged for "test" copies that were made when Canon service personnel repaired or serviced the machines. Despite the plaintiff's requests, Canon did not fix the "excessive" copying charges. Additionally, Canon failed to reimburse the plaintiff for the overcharges and charged him late fees.