The UCL Practitioner
Monday, December 13, 2004
Unpublished UCL decision mentions Prop. 64
In Sanchez v. Giromex, Inc., no. D042459 (Dec. 2, 2004), plaintiffs' UCL and CLRA claims were summarily adjudicated in the defendant's favor. The Fourth Appellate District, Division One, affirmed the judgment. The opinion's final footnote reads: "We leave for another day the issue of any effect Proposition 64 might have on the factual scenario presented in this case." Slip op. at 31 n.11. Since the plaintiffs were allegedly affected and had obtained class certification (slip op. at 3), Prop. 64 probably would have had little or no impact on this case. The "likely to deceive" standard, which the court employed (slip op. at 22-23), survived the Prop. 64 amendments. The proposition carefully avoids saying that anyone other than the representative plaintiff need have suffered "actual injury" or "loss of money or property." (Thanks to RH for bringing this case to my attention.)
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