Aviva USA Corp. v. Vazirani CA2/5

Filed 3/18/14 Aviva USA Corp. v. Vazirani CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

AVIVA USA CORPORATION et al., B246022

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC460433) v.

ANIL VAZIRANI et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michelle Rosenblatt, Judge. Affirmed. Snell & Wilmer, Andrew F. Halaby and Todd E. Lundell for Plaintiffs and Appellants. Barnes & Thornburg, Stephen R. Mick and Levi W. Heath for Defendants and Respondents.

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Plaintiffs and appellants Aviva USA Corporation (Aviva) and Creative Marketing International Corporation (CMIC) appeal from a judgment following orders granting motions for summary adjudication in favor of defendants and respondents Anil Vazirani and his company Vazirani & Associates Financial, LLC (VAF) in this action arising out of unsolicited electronic messages (e-mail). Appellants contend the e-mail sent by respondents violated Business and Professions Code section 17529.5, which prohibits advertising through e-mail with certain deceptive features.1 We conclude the trial court correctly found the e-mails did not constitute commercial advertisements under section 17529.5. Therefore, we affirm.

FACTS

Aviva is an insurance provider. It relies on insurance agents to sell its life insurance and annuity policies, which are underwritten by Aviva Life and Annuity Company (ALAC). CMIC provides sales support and marketing services to the agents. Vazirani is an independent agent. VAF is a marketing organization for insurance companies. Vazirani began selling Aviva’s products in 2005. In November 2008, Aviva informed Vazirani that his contract would be terminated as of January 30, 2009. Vazirani filed lawsuits against several entities, including CMIC. Vazirani’s attorney wrote a letter to Aviva in July 2010 stating that Vazirani had hired a public relations firm to publicize the injustices that he had suffered. Vazirani gave Aviva an opportunity to discuss settlement prior to the publicity. Vazirani retained G. Barry Klein, Inc., doing business as Insurance Marketing (GBK). GBK has lists of e-mail addresses for people working in the insurance industry which it acquired and maintains. GBK sends unsolicited commercial e-mail to these addresses on behalf of clients.