Leonte

Leonte v. ACS State & Local Solutions, Inc.

Good Law
123 Cal. App. 4th 521·19 Cal. Rptr. 3d 879·2004 Cal. App. LEXIS 1791·2004 Daily Journal DAR 13042·2004 Cal. Daily Op. Serv. 9609
Court of Appeal of CaliforniaOctober 26, 2004B163415California2,252 words

Opinion

Opinion

Kitching, J.

Michel T. Leonte and Richard H. Best (collectively Leonte) sued ACS State and Local Solutions, Inc. (ACS), under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) alleging that ACS operated automated traffic enforcement systems in violation of former Vehicle Code section 21455.5. Former section 21455.5, subdivision (a), stated, “Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated enforcement system.” The superior court sustained a demurrer to the complaint without leave to amend. The principal question on appeal is the meaning of the quoted language as used in the former statute. We conclude that the quoted statutory language required only that a governmental agency retain the right to oversee and control the functioning of the system. We conclude that the complaint does not properly allege a violation of former section 21455.5 and therefore does not allege an unlawful business practice under the unfair competition law.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual Background

The complaint alleges as follows.

ACS entered into contracts with several cities, counties, and public agencies, including the City of…

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