Kwikset Corp. v. SUPERIOR COURT OF ORANGE CTY.

Soltan & Associates, Venus Soltan; Coughlin Stoia Geller Rudman & Robbins, Pamela M. Parker, Kevin K. Green; Cuneo Gilbert & LaDuca, Jonathan W. Cuneo and Michael G. Lenett for Real Parties in Interest.

This petition for a writ of mandate seeks to vacate an order of respondent superior court overruling petitioners' demurrer to the second amended complaint in the underlying action, Benson v. Kwikset Corp . (Super. Ct. Orange County, 2002, No. 00CC01275). Petitioners Kwikset Corporation and Black & Decker Corporation contend the real parties in interest failed to allege facts establishing their standing under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; UCL; all further statutory references are to this code unless otherwise indicated) and the false advertising law (§ 17500; FAL) as required by this court's ruling in Benson v. Kwikset Corp. (2007) 152 Cal.App.4th 1254 [ 62 Cal.Rptr.3d 284 ]. In addition, petitioners argue the complaint cannot truthfully be amended to overcome the defect.

We conclude the second amended complaint fails to adequately allege real parties in interest suffered economic injury resulting from petitioners' use of false…