The UCL Practitioner
Monday, December 06, 2004
New UCL decision: Northern Cal. Carpenters Regional Council v. Warmington Hercules Assoc.
Given the pace of recent UCL developments, this news is a bit old, but in Northern California Carpenters Regional Council v. Warmington Hercules Associates, ___ Cal.App.4th ___ (Nov. 22, 2004), the First Appellate District, Division One, affirmed an order denying an anti-SLAPP motion, holding that the UCL claim fell within Code of Civil Procedure Section 425.17. The Court did not mention Proposition 64, even though:
The complaint ... does not in fact seek any monetary or injunctive relief directly benefiting the Plaintiffs. The wronged class is alleged to be non-union workers on the Defendants’ projects who were not paid the prevailing wage. The Carpenters Regional Council[, a labor union,] obviously does not belong to the class of non-union workers, and the complaint does not allege that the individual Plaintiff ... belongs to this class. Instead, the complaint seeks to vindicate public policy by assuring enforcement of the City’s Prevailing Wage Policy.
Slip op. at 4. The decision also discusses whether the anti-SLAPP amendment applies retroactively, and concludes that it does.
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