In order to compete, Higbee claimed that he had to expend additional sums on advertising and lower his prices for expungement services. The trial court essentially sided with the defendant, finding that because Higbee had no direct business dealings with the defendant, he lacked standing to assert a cause of action under Section To have standing to bring a UCL claim, a business or consumer must have suffered an actual injury and have lost money or property as a result of the unfair competition.
The Court noted that the UCL was originally conceived to protect business competitors, and that the deterrence of unfair competition between businesses is an important goal of the UCL. The takeaway for business owners throughout the state is that a business who loses customers, market share and profits that is, suffers monetary injury in fact because of the unfair competition of a competing business can bring a UCL action and seek injunctive relief.
To discuss bringing a claim for unfair competition, contact experienced business lawyer Drew E. One unresolved question is whether the limitations of Proposition 64 apply to cases filed before November 3, While many commentators believe a lawsuit pending in Orange County, Consumer Advocates v. DaimlerChrysler , G, may result in the first published decision on this question, the case currently is at the trial level and the opportunity for appellate review is at least several months away.
In the meantime, the retroactivity issue is expected to be heavily litigated by both the plaintiffs' and defense bars and may ultimately need to be resolved by the California Supreme Court. While Proposition 64 certainly will assist employers by curbing the abuses of the UCL, it does not obviate employers' responsibilities to comply with workplace laws.
Employers should conduct regular audits and ensure legal compliance by working with experienced employment law counsel. Note: This article appears in the December 6, edition of the Daily Recorder. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient.
Recipients should consult with counsel before taking any actions based on the information contained within this material.
This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome. Focused on labor and employment law since , Jackson Lewis P. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. Remember Me.
Added by Stats. As used in this chapter:. Notwithstanding Section of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair competition. Injunctive Relief—Court Orders. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition.
Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section and complies with Section of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state.
Amended November 2, , by initiative Proposition 64, Sec. Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of ,, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition.
Note: This section was amended on Nov. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. Civil Penalty for Violation of Chapter. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 commencing with Section of Part 3 shall be deposited into this fund.
Notwithstanding Section of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice.
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