Huber

People ex rel. Becerra v. Huber

Good Law
244 Cal. Rptr. 3d 79·32 Cal. App. 5th 524
Court of Appeal of CaliforniaFebruary 25, 2019A144214California12,298 words

Opinion

Lead Opinion

Streeter, J.

*528 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. (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 *81 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 People, denied it to Huber, and entered a permanent injunction on all three claims.

Although Huber's position has evolved in the course of this appeal, her primary argument is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.