New UCL decision: PETA v. California Milk Producers Advisory Board
Yesterday, the Court of Appeal issued its decision in People for the Ethical Treatment of Animals v. California Milk Producers Advisory Board, ___ Cal.App.4th ___ (Jan. 11, 2005), in which it held that "public entities, including CMAB, are not 'persons' who are subject to suit under the UCL." Slip op. at 2. "[H]ad the Legislature wanted to include governmental entities in its definition of 'person' for purposes of the UCL, it would have done so." Id. at 7. The Daily Journal has an article on the case this morning called "Cow Suit Tipped" (groan).

This issue is already the subject of a pending California Supreme Court case. On June 24, 2004, the Supreme Court granted review in Wells v. One2One Learning Foundation, 116 Cal.App.4th 515 (Mar. 4, 2004) (discussed in my post here), in which the Court of Appeal held that governmental entities are not bound by the UCL because they are not "persons" as the UCL defines that term. (Here is the docket in that case.)
- posted by Kim Kralowec @ 6:52 AM