In Re Tobacco II Cases

Prior to the 2004 amendment of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), by Proposition 64, “[ajctions for any relief [under the UCL could be] prosecuted ... by the Attorney General or any district attorney or by any county counsel . . . [or] by a city prosecutor . . . [or] by a city attorney ... or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public.” (Bus. & Prof. Code, former § 17204, as amended by Stats. 1993, ch. 926, § 2, p. 5198; see also Californians for Disability Rights v. Mervyn’s, LLC (2006) 39 Cal.4th 223, *306 227 [ 46 Cal.Rptr.3d 57 , 138 P.3d 207 ] (Mervyn’s).) 1 Post Proposition 64, the section provides, “[a]ny person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure” (§ 17203, as amended by Prop. 64, § 2), that is, a “person who has suffered injury in fact and has lost money or property as a result of [such] unfair competition.” (§ 17204, as amended by Prop. 64, § 3.)

The…

Proposition 64, an initiative measure adopted by the voters at the November 2004 election, worked a sea change in litigation to enforce the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.). 1 Previously, a UCL action against one alleged to have committed an illegal, unfair, or deceptive business practice could be maintained by any one of several specified public officials, or by “any person acting for the interests of itself, its members or the general public.” (Former § 17204, as amended by Stats. 1993, ch. 926, § 2, p. 5198.) In a suit by either a public or private plaintiff, the court could order injunctive relief as well as the restoration “to any person in interest [of] any money or property, real or personal, which [might] have been acquired by means of such unfair competition.” (§ 17203.) As a result, a private individual or entity with no relationship to the alleged wrongful practice could use the statute to force a business to repay substantial sums arguably acquired through a UCL violation.

Advised that the broad power accorded to “private attorneys general” under the UCL had led to abusive “shakedown” suits, the voters, through Proposition 64, adopted…

Prior to the 2004 amendment of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), by Proposition 64, "[a]ctions for any relief [under the UCL could be] prosecuted . . . by the Attorney General or any district attorney or by any county counsel . . . [or] by a city prosecutor . . . [or] by a city attorney . . . or upon the complaint of any board, officer, person, corporation or association or by any person acting for the interests of itself, its members or the general public." (Bus. & Prof. Code, former § 17204, as amended by Stats. 1993, ch. 926, § 2, p. 5198; see also Californians for Disability Rights v. Mervyn's, LLC (2006) 39 Cal.4th 223 , 227 [ 46 Cal.Rptr.3d 57 , 138 P.3d 207 ] ( Mervyn's ).) [1] Post Proposition 64, the section provides, "[a]ny person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure. . ." (§ 17203, as amended by Prop. 64, § 2), that is, a "person who has suffered injury in fact and has lost money or property as a result of [such] unfair competition." (§ 17204, as amended by Prop. 64,…