Huber
People ex rel. Becerra v. Huber
Opinion
Lead Opinion
Streeter, J.
I. INTRODUCTION
This appeal is from a summary adjudication order and permanent injunction entered in an enforcement action by the Attorney General on behalf of the People of the State of California against Ardith Huber, a member of the Wiyot Band of Indians. Huber owns and operates a tobacco smokeshop on the Table Bluff Rancheria, an area where the Wiyots live just outside of Crescent City, in Humboldt County.
The Attorney General's complaint alleges a claim for violation of the Unfair Competition Law, Business and Professions Code section 17200 et seq uitur (the UCL) and cites as predicate "unlawful acts" violations of three statutes applicable to cigarette sales and marketing, the Tax Stamp Act ( Rev. & Tax. Code, § 30161 ), the Directory Act ( Rev. & Tax. Code, § 30165.1, subd. (e)(2) ), and the Fire Safety Act ( Health & Saf. Code, § 14951, subd. (a) ). He also pleads, as separate claims, violations of the Directory Act and the Fire Safety Act. The trial court granted summary adjudication to the to the People, denied it to Huber, and entered a permanent injunction on all three claims.
Huber's primary argument on appeal is an attack on subject matter jurisdiction. She…