Two Jinn, Inc. v. Government Payment Service, Inc.

I.

INTRODUCTION

Two Jinn, Inc., doing business in California as Aladdin Bail Bonds (Aladdin), a licensed bail agent, brought this action to enjoin Government Payment Service, Inc. (GPS), from engaging in bail agent activities in violation of state licensing and regulatory requirements. The superior court sustained a demurrer to Aladdin’s claim for false advertising under the federal Lanham Act, 15 United States Code section 1125 (a). Thereafter, the court granted a defense motion for summary judgment on Aladdin’s remaining claims alleging violations of California’s unfair competition law (the UCL), Business and Professions Code section 17200 et seq., and seeking declaratory relief. In this appeal from the resulting judgment, Aladdin challenges both the demurrer and summary judgment rulings.

We conclude that (1) Aladdin lacks standing to maintain a UCL claim; (2) undisputed evidence submitted by the parties shows that the commercial activities of GPS associated with its processing of credit or debit card transactions for cash bail payments do not require GPS to obtain a bail bond license, and therefore, GPS is not in violation of the UCL; and (3) the second cause of…