The UCL Practitioner
Thursday, July 28, 2005
Are individual claims still viable under the UCL?
A reader emailed me with this question:
[If class certification is denied, c]an the individual claimants still maintain a 17200 claim? Does Prop. 64 now essentially limit 17200 claims to class actions only, such that individuals can no longer bring 17200 claims? Is there any decision regarding this issue--or even orders you know of from local trial courts?
My response was:
17200 claims could always be brought by individuals on behalf of themselves and I don't see anything in Prop. 64 that would change that. The text of Prop. 64 says that you have to obtain class certification only if you intend to seek relief on behalf of others.
After I wrote back to the reader, I remembered this post-Prop. 64 case involving an individual UCL claim. Any other thoughts?
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