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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2796Introduced by Assembly Member Eduardo GarciaFebruary 18, 2022 An act to amend Section 17203 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 2796, as introduced, Eduardo Garcia. Unfair competition.The Unfair Competition Law (UCL) makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law also makes any person who engages in, has engaged, or proposes to engage in unfair competition subject to injunction in any court of competent jurisdiction. Existing law authorizes the court to make orders or judgments to prevent the use or employment by any person of any practice that constitutes unfair competition or to restore to any person in interest any money or property, real or personal, that may have been acquired by means of unfair competition.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17203 of the Business and Professions Code is amended to read:17203.Injunctive ReliefCourt OrdersAny17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2796Introduced by Assembly Member Eduardo GarciaFebruary 18, 2022 An act to amend Section 17203 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 2796, as introduced, Eduardo Garcia. Unfair competition.The Unfair Competition Law (UCL) makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law also makes any person who engages in, has engaged, or proposes to engage in unfair competition subject to injunction in any court of competent jurisdiction. Existing law authorizes the court to make orders or judgments to prevent the use or employment by any person of any practice that constitutes unfair competition or to restore to any person in interest any money or property, real or personal, that may have been acquired by means of unfair competition.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Assembly March 24, 2022 | |
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| 7 | - | Amended IN Assembly March 24, 2022 | |
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| 7 | + | ||
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| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2796 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Eduardo GarciaFebruary 18, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Eduardo Garcia | |
| 18 | 18 | February 18, 2022 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 17203 | |
| 20 | + | An act to amend Section 17203 of the Business and Professions Code, relating to business. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2796, as | |
| 26 | + | AB 2796, as introduced, Eduardo Garcia. Unfair competition. | |
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| 28 | - | Existing law makes engaging in specified acts an unlawful trust and an unlawful restraint of trade, and authorizes any person who is injured in their business or property by that act to sue for damages and injunctive relief. Existing law defines the term person for purposes of these provisions as including corporations, firms, partnerships, and associations, as specified.This bill would expand the definition of the term person to include a federally recognized California Indian tribe.The Unfair Competition Law (UCL) makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law also makes any person who engages in, has engaged, or proposes to engage in unfair competition subject to injunction in any court of competent jurisdiction. Existing law authorizes the court to make orders or judgments to prevent the use or employment by any person of any practice that constitutes unfair competition or to restore to any person in interest any money or property, real or personal, that may have been acquired by means of unfair competition.This bill would make nonsubstantive changes to those provisions. | |
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| 30 | - | Existing law makes engaging in specified acts an unlawful trust and an unlawful restraint of trade, and authorizes any person who is injured in their business or property by that act to sue for damages and injunctive relief. Existing law defines the term person for purposes of these provisions as including corporations, firms, partnerships, and associations, as specified. | |
| 31 | - | ||
| 32 | - | This bill would expand the definition of the term person to include a federally recognized California Indian tribe. | |
| 28 | + | The Unfair Competition Law (UCL) makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law also makes any person who engages in, has engaged, or proposes to engage in unfair competition subject to injunction in any court of competent jurisdiction. Existing law authorizes the court to make orders or judgments to prevent the use or employment by any person of any practice that constitutes unfair competition or to restore to any person in interest any money or property, real or personal, that may have been acquired by means of unfair competition.This bill would make nonsubstantive changes to those provisions. | |
| 33 | 29 | ||
| 34 | 30 | The Unfair Competition Law (UCL) makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law also makes any person who engages in, has engaged, or proposes to engage in unfair competition subject to injunction in any court of competent jurisdiction. Existing law authorizes the court to make orders or judgments to prevent the use or employment by any person of any practice that constitutes unfair competition or to restore to any person in interest any money or property, real or personal, that may have been acquired by means of unfair competition. | |
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| 38 | 32 | This bill would make nonsubstantive changes to those provisions. | |
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| 41 | 33 | ||
| 42 | 34 | ## Digest Key | |
| 43 | 35 | ||
| 44 | 36 | ## Bill Text | |
| 45 | 37 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 17203 of the Business and Professions Code is amended to read:17203.Injunctive ReliefCourt OrdersAny17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
| 47 | 39 | ||
| 48 | 40 | The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | 42 | ## The people of the State of California do enact as follows: | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 17203 of the Business and Professions Code is amended to read:17203.Injunctive ReliefCourt OrdersAny17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
| 53 | 45 | ||
| 54 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 17203 of the Business and Professions Code is amended to read: | |
| 55 | 47 | ||
| 56 | 48 | ### SECTION 1. | |
| 57 | 49 | ||
| 58 | - | 16702. As used in this chapter person or persons includes corporations, firms, partnerships partnerships, and associations existing under or authorized by the laws of this State or any other State, or any foreign country. country, and federally recognized California Indian tribes. | |
| 59 | - | ||
| 60 | - | 16702. As used in this chapter person or persons includes corporations, firms, partnerships partnerships, and associations existing under or authorized by the laws of this State or any other State, or any foreign country. country, and federally recognized California Indian tribes. | |
| 61 | - | ||
| 62 | - | 16702. As used in this chapter person or persons includes corporations, firms, partnerships partnerships, and associations existing under or authorized by the laws of this State or any other State, or any foreign country. country, and federally recognized California Indian tribes. | |
| 50 | + | 17203.Injunctive ReliefCourt OrdersAny17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
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| 66 | - | ||
| 54 | + | Injunctive ReliefCourt Orders | |
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| 68 | 56 | ||
| 69 | 57 | ||
| 58 | + | Any | |
| 70 | 59 | ||
| 71 | 60 | ||
| 72 | - | Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, that may have been acquired by means of unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
| 61 | + | ||
| 62 | + | 17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
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| 64 | + | 17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. | |
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| 66 | + | ||
| 67 | + | ||
| 68 | + | 17203. Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which that constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which that may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. |