The UCL Practitioner
Friday, July 29, 2005
New Prop. 64 pending appeal
Many thanks to the reader who sent me this information:
[A] notice of appeal [was filed] on 7/26 in the case of Guzman v. JK Harris & Company et al., Case No. RG04-179762, Superior Court of CA for the County of Alameda. The court concluded that Prop 64 applied and threw out the 17200 cause of action for, among other reasons, because plaintiffs had previously filed a claim in arbitration in which they were awarded what amounted to full restitution, and -- having been compensated already -- they lacked standing to pursue a 17200 claim for restitution and injunctive relief on behalf of a class because they had no "injury in fact."
The Guzman case will be added to my list of pending Prop. 64 appeals. Meanwhile, you can search for more trial-level information (including a copy of the trial court's order) at the Alameda County Superior Court's website.
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