Peta
People for Ethical Treatment of Animals, Inc. v. California Milk Producers Advisory Board
Opinion
Opinion
Ruvolo, J.
I.
Introduction
Appellants People For The Ethical Treatment of Animals, Inc. and John Robbins (referred to collectively as PETA) appeal from a judgment of dismissal entered after the trial court sustained demurrers without leave to amend filed by respondent California Milk Producers Advisory Board (CMAB) to PETA’s amended complaint. PETA sued CMAB, inter alia, claiming its “Happy Cows” advertising campaign violated California’s Unfair Business Practices Act (UCL), Business and Professions Code sections 17200 et seq., because the advertisements were false and deceptive. The trial court sustained the demurrers after concluding CMAB was not a “person” as defined by the UCL and, thus, the state board was not subject to suit under that remedial statutory scheme.
We agree with the trial court that public entities, including CMAB, are not “persons” who are subject to suit under the UCL and, therefore, we affirm.
II.
Factual and Procedural Background
PETA’s operative complaint was filed on December 27, 2002, and included three separate causes of action arising out of the same alleged facts. The sole remedy sought by the complaint was injunctive relief. The complaint names…