Californians for Disability Rights v. Mervyn's, LLC

California law previously authorized any person acting for the general public to sue for relief from unfair competition. (Bus. & Prof. Code, 1 former § 17204, as amended by Stats. 1993, ch. 926, §2, p. 5198 (former section 17204); see also Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 561 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ]; cf. Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 211 [ 197 Cal.Rptr. 783 , 673 P.2d 660 ].) After Proposition 64, which the voters approved at the November 2, 2004, General Election, a private person has standing to sue only if he or she “has suffered injury in fact and has lost money or property as a result of such unfair competition.” (§ 17204, as amended by Prop. 64, § 3; see also § 17203, as amended by Prop. 64, § 2.) This case requires us to decide whether the amended standing provisions apply to cases already pending when Proposition 64 took effect. We hold the new provisions do apply to pending cases.

I. Background

Plaintiff Californians for Disability Rights (CDR), a nonprofit corporation, sued defendant Mervyn’s, LLC (Mervyn’s), a corporation that owns and operates…