People v. E.W.A.P. Inc.

I respectfully dissent and state my reasons in summary fashion:

1. Basically, I am convinced that even if this action fits literally within the framework of section 17200 et seq. of the Business and Professions Code, 1 as written and as heretofore interpreted, the Legislature did not intend that a statute designed to regulate business practices be used to censor the contents of books, films, and other means of expression. “It has long been a ‘familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.’ Holy Trinity Church v. United States, 143 U.S. 457, 459 (1892).” (Muniz v. Hoffman (1975) 422 U.S. 454, at p. 469 [ 45 L.Ed.2d 319, 331 , 95 S.Ct. 2178 ]. See also, People v. Daniels (1969) 71 Cal.2d 1119, at p. 1139 [ 80 Cal.Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ]; Estate of Getty (1978) 85 Cal.App.3d 755, at pp. 760-761, fn. 4 [ 149 Cal.Rptr. 656 ]; People v. Riddle (1978) 83 Cal.App.3d 563, at p. 571 [ 148 Cal.Rptr. 170 ]; Rucker v. Superior Court (1977) 75 Cal.App.3d 197, at p. 200 [ 141 Cal.Rptr. 900 ]; Westfall v. Swoap (1976) 58 Cal.App.3d 109, at p. 116 [ 129…

The People appeal from an order of dismissal following the sustaining of a demurrer to the People's complaint seeking an injunction and assessment of civil penalties for unlawful business practice as defined by former Civil Code section 3369, now Business and Professions Code section 17200. [1]

Section 17200 provides: "As used in this chapter, unfair competition shall mean and include unlawful, unfair or fraudulent business practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code." (Italics added.)

Section 17202 states: "Notwithstanding Section 3369 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." Sections 17203 and 17204 authorize the Attorney General, any district attorney, and certain city attorneys to bring an action to enjoin an act of unfair competition. [2] Sections 17206 and 17207 authorize the assessment of civil penalties for violations of this chapter and violations of any injunction issued pursuant to section 17203.…

The peopleappeal from an order of dismissal following the sustaining of a demurrer to the People’s complaint seeking an injunction and assessment of civil penalties for unlawful business practice as defined by former Civil Code section 3369, now Business and Professions Code section 17200.

Section 17200 provides: “As used in this chapter, unfair competition shall mean and include unlawful, unfair or fraudulent business practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.” (Italics added.)

Section 17202 states: “Notwithstanding Section 3369 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.” Sections 17203 and 17204 authorize the Attorney General, any district attorney, and certain city attorneys to bring an action to enjoin an act of unfair competition. 2 Sections 17206 and 17207 authorize the assessment of civil penalties for violations of this chapter and violations of any injunction issued pursuant to section 17203. Section 17205…