The UCL Practitioner
Tuesday, May 31, 2005
"Unfair Competition After Proposition 64—What's In, What's Out, and Is Anything Old?"
The most recent issue of FORUM, the magazine of Consumer Attorneys of California, has a good article on Proposition 64 from the plaintiffs' point of view. The article is available online only to CAOC members. Among other things, it points out that "the common law includes a public interest exception to traditional standing requirements," and that this common-law formulation should satisfy Prop. 64:
The courts have long permitted plaintiffs, who cannot otherwise demonstrate standing for want of any personal interest in the issue presented, to obtain equitable relief where their action is brought in the public interest. Such common law standing is not affected by Proposition 64. In essence, even without the benefit of section 17200's provision authorizing equitable relief, a plaintiff who has sutained no injury may, in many cases, have standing to claim declaratory and injunctive relief where the issue presented is of public interest.
Russell Balisok and Dawn Hassell, "Unfair Competition after Proposition 64—What's In, What's Out, and Is Anything Old?" FORUM 26, 27 (April 2005) (citing California Water & Tel. Co. v. Los Angeles, 253 Cal.App.2d 16, 26 (1967)). I must say I've found my CAOC membership more valuable than those of other attorney associations of which I've been a member in the past, including the ABA and ATLA. CAOC really does good work for its members.
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