Questions Narrow On Right To Jury Trial Under Unfair-Competition Law
As appeared in The Los Angeles Daily Journal
By John N. Quisenberry and Fernando A. Vicente
Abstract:
This year was busy for reviewing courts in examining the California Unfair Competition Law, Business and Professions Code Sections 17200 et seq. Appellate courts delivered opinions that affect standing, the retroactivity of Proposition 64 and the right to a jury trial.
Section 17200 originally allowed any person to pursue a claim in a representative capacity on behalf of the general public, even when the plaintiff hadn't suffered actual injury. But in 2004, California voters passed Proposition 64, which amended the law to allow a person to pursue representative claims only if he or she lost money or property as a result of unfair competition and complied with the class certification requirements of Code of Civil Procedure Section 382.
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