Chavez

Plaintiffs filed an action seeking actual and punitive damages for fraudulent misrepresentation in the course of the campaign election concerning Proposition 14, the Agricultural Labor Relations Initiative statute. Defendants demurred and the court sustained all demurrers without leave to amend, On this appeal, plaintiffs contend that their complaint states a cause of action, either on intentional misrepresentation, or pursuant to Civil Code section 3369.

In the 1976 general election, plaintiffs campaigned in favor of Proposition 14, while defendants were against it. Both parties aggressively promoted and financed campaign programs in support of their respective positions. The complaint alleged that defendants represented to the electorate that Proposition 14 would entail “a deprivation of property rights and ‘personal property rights’ of agricultural employers and of persons having no interest in or relationship to agriculture;” that these statements were false and misleading, and were designed to and did influence the electorate. Plaintiffs sought as damages moneys spent to combat the alleged misrepresentations.

There are only a few published cases where a plaintiff…