Young America Corp. v. Super. Ct. 1/30/06 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C049337

Case Date: 05/10/2006

Preview:Filed 1/30/06

Young America Corp. v. Superior Court CA3

NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

YOUNG AMERICA CORPORATION, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ROBERT LYNCH, Real Party in Interest. C049337 (Super. Ct. No. 02AS01561)

This case raises the issue of the retroactivity of Proposition 64's amendments to Business and Professions Code sections 17203 and 17204. We conclude the statutory repeal

rule, in accordance with the plain language of the amended statutes after the enactment of Proposition 64, requires the application of Proposition 64's amendments to all pending cases.

1

Real party in interest Robert Lynch (Lynch) brought suit against petitioner Young America Corporation (Young America) as "an individual, on behalf of the general public" for unfair business practices under California's Unfair Competition Law (UCL). (Bus. & Prof. Code,

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