The UCL Practitioner
Monday, May 10, 2004
Bowen revisited
During last Friday's UCL conference, there was a lot of discussion of Bowen v. Ziasun Technologies, 116 Cal.App.4th 777 (2004). One of the speakers, a prosecutor from the San Francisco District Attorney's office, expressed the view that the question Bowen decided--whether the UCL applies to securities transactions--was not, as the Bowen court described it and as I reported here, a "question of first impression." That issue was addressed and decided in the plaintiffs' favor in Roskind v. Morgan Stanley Dean Witter & Co., 80 Cal.App.4th 345 (2004). Hence, Bowen merely creates a split in authority that the California Supreme Court must eventually resolve. A law professor on one of the panels also opined that Bowen would not apply to UCL actions brought by public prosecutors to rectify securities violations.

My other post on Bowen is here.

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