Dooley's Hardware Mart v. Food Giant Markets, Inc.

Dooley’s Hardware Mart appeals from a judgment, following trial to the court, denying it under the Unfair Practices Act (Bus. & Prof. Code, §§ 17000-17101 ) a permanent injunction and related relief against Food Giant Markets, Inc. (and its store managers in Long Beach and Compton) offering for sale and selling in limited quantities and for limited periods in January 1967 three loss leaders, Tide, a detergent, Folger’s Coffee and C & H Sugar. Loss leaders are a species of below cost selling.

Dooley’s contends that this denial of injunctive relief was prejudicially erroneous because no intent to injure competitors or destroy competition is required for violation of section 17044 and in any event there was under section 17043 sufficient evidence of this intent by reason of the failure of defendants to rebut the statutory presumption of its existence. We disagree and affirm.

The first issue presented is whether an intent to injure competitors or to destroy competition is required for violation of section 17044. Dooley’s asserts the intent is not required because there is no mention of it in either section 17044 or section 17030, the two sections directly and immediately…