Bill Text: CA AB2796 | 2021-2022 | Regular Session | Amended

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Bill Title: Unfair competition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-28 - Re-referred to Com. on JUD. [AB2796 Detail]

Download: California-2021-AB2796-Amended.html

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Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2796

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Introduced by Assembly Member Eduardo Garcia

February 18, 2022

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An act to amend Section 17203 16702 of the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST

AB 2796, as amended, Eduardo Garcia. Unfair competition.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 16702 of the Business and Professions Code is amended to read:

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.

SECTION 1.Section 17203 of the Business and Professions Code is amended to read:

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 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.