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Legal Memorandum: Demurrer in Unfair Business Practices

Issue: When is a demurrer appropriate in an unfair business practices case under California law?

Area of Law: Business Organizations & Contracts, Litigation & Procedure
Keywords: Demurrer; Unfair business practices; Private right of action
Jurisdiction: California
Cited Cases: 128 Cal. App. 4
Cited Statutes: Cal. Bus. & Prof. Code § 17200
Date: 03/01/2007

Cal. Bus. & Prof. Code § 17200 prohibits unfair business practices, and grants a private right of action to those injured by such practices.  When the plaintiff’s complaint does not show fraud, unconscionability, oppression, or other unfair or unlawful business practices, a demurrer must be sustained.  See Morris v. Redwood Empire Bancorp, 128 Cal. App. 4th 1305, 1320-21, 27 Cal. Rptr. 3d 797, 807-08 (2005).

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