Younger

Hobby Industrial Ass'n of America, Inc. v. Younger

Good Law
101 Cal. App. 3d 358·161 Cal. Rptr. 601·1980 Cal. App. LEXIS 1402
Court of Appeal of CaliforniaJanuary 24, 1980Civ. 55888California4,300 words

Opinion

Opinion

Rothman, J.

Plaintiff and respondent (hereinafter referred to as Hobby) is the national trade association of the hobby products industry, representing about 2,000 manufacturers, wholesalers, retailers and other businesses involved in that industry. Appellant is the Attorney General of California (hereinafter referred to as Attorney General), involved in the enforcement of California’s consumer protection laws.

Hobby sued the Attorney General for declaratory and injunctive relief, alleging that the Attorney General had erroneously interpreted and applied certain provisions of the Business and Professions Code, known as the California Fair Packaging and Labeling Act. Among the allegations of misapplication, Hobby asserted the following three which are in issue in this appeal:

Hobby sought a court declaration of what it contended was the correct interpretation of each of the legal points listed above, and injunctive relief against enforcement of the law as erroneously interpreted by the Attorney General against its members.

The Attorney General’s answer, in essence, admitted that he sought to apply and interpret the law in the manner specified in the particulars listed above, but…

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