Andy Jang, on behalf of himself and others similarly situated v. Asset Campus Housing, Inc.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANDY JANG, on behalf of himself and
others similarly situated,
Plaintiff-Appellant,
v.
ASSET CAMPUS HOUSING, INC.; et al.,
Defendants-Appellees.
No. 17-55757
D.C. No.
2:15-cv-01067-JAK-PLA
MEMORANDUM*
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.
FILED
OCT 12 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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