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The UCL Practitioner
Friday, January 30, 2004
Legislative "fix" to 17200?
Today's Recorder contains an article entitled "Schwarzenegger Seems Ready to Deal on 17200 Fix." The article is unfortunately accessible only to Recorder subscribers. Evidently, Governor Schwarzenegger met with a group of moderate Democratic legislators last week and discussed ideas for modifying section 17200. Assemblyman Lou Correa (D.-Santa Ana) plans to introduce a new bill some time soon. The bill is expected to be similar to one that was killed in committee last year.
- posted by Kim Kralowec @ 3:15 PM | Comments (0) |
Tuesday, January 27, 2004
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 | Comments (0) |