Chocolates, roses, and s. 17200

Tim Sandefur has collected more examples of unsuccessful, but inevitably expensive, lawsuits invoking California’s abuse-fraught s. 17200 private-attorney-general “unfair competition” law (see Dec. 8 and links from there). All three were rejected by the Court of Appeal. In one case, Consumer Cause, Inc., associated with veteran s. 17200 impresario Morse Mehrban, had demanded damages from […]

Tim Sandefur has collected more examples of unsuccessful, but inevitably expensive, lawsuits invoking California’s abuse-fraught s. 17200 private-attorney-general “unfair competition” law (see Dec. 8 and links from there). All three were rejected by the Court of Appeal. In one case, Consumer Cause, Inc., associated with veteran s. 17200 impresario Morse Mehrban, had demanded damages from an auto show producer that had provided female visitors to its shows with complimentary chocolates and roses, but had made similar gifts available to men only after an affirmative request. In a second case, an attorney had sought to employ s. 17200 as a surrogate obscenity statute by suing AT&T cable services demanding a refund of all fees collected for showings of pay-per-view adult film fare. The attorney’s suit had also sought forfeiture of AT&T’s profits from the films, revocation of its cable franchise (useful as a negotiating point, that one), and of course attorneys’ fees. (Feb. 20). Yet a third s. 17200 suit was filed against abortion clinics arguing, to quote Sandefur, “that providing abortion without disclosing alleged health threats to the mother, was unfair competition under Business and Professions Code 17200”. It was dismissed under the state’s anti-SLAPP (use of litigation for harassment) statute (Feb. 24).

2 Comments

  • Proposition 64

    Gail Heriot at the Right Coast has a posting on Governor Schwarzenegger, in particular his recent endorsement of California’s Proposition 64. As Heriot explains, the proposition seeks to return the “standing” principle to California’s notorious section…

  • Proposition 64 [reprint]

    Another reprinted post, this one from Jim Copland Sept. 20:Gail Heriot at the Right Coast has a posting on Governor Schwarzenegger, in particular his recent endorsement of California’s Proposition 64. As Heriot explains, the proposition seeks to return…