Yesterday's Passing Mention of What It Means To "Borrow"
In JRS Products, Inc. v. Matsushita Elec. Corp., ___ Cal.App.4th ___ (Jan. 26, 2004), the Court of Appeal explained, in passing, how "borrowing" worked in one UCL case: "The provider in essence imported part of one cause of action, an alleged violation of the Knox-Keene Act, to state another cause of action for unfair competition. Thus, a violation of the Knox-Keene Act itself could become the basis for an unfair competition claim." Slip Op. at 13 (citing Coast Plaza Doctors Hosp. v. UHP Healthcare, 105 Cal.App.4th 693 (2002)). The decision also contains an interesting sentence about the interplay of the remedies available under the UCL and the "borrowed" statute.
- posted by Kim Kralowec @ 5:14 PM