The UCL Practitioner
Thursday, April 22, 2004
Two new UCL/SLAPP decisions
In Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, ___ Cal.App.4th ___ (Apr. 21, 2004), the Court of Appeal held that the plaintiffs failed to establish a reasonable probability of success on the merits of their 17200 "fraudulent" prong claim. Fashion 21 is a highly fact-specific case involving labor disputes in the garment industry.

And last month, in Brenton v. Metabolife International, Inc., ___ Cal.App.4th ___ (Mar. 4, 2004), the Court of Appeal interpreted and applied new CCP section 425.17 (mentioned in my post here) for what appears to be the first time. The court held that section 425.17 was a procedural statute that could be constitutionally applied to preexisting litigation, and that it barred SLAPP motions against UCL claims falling within its ambit. The court also rejected the defendant's (spurious, in my opinion) First Amendment challenge to section 425.17.
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