How have courts dealt with unfair business practices cases?

California, United States of America


The following excerpt is from Rubin v. Green, 3 Cal.App.4th 1418, 5 Cal.Rptr.2d 331 (Cal. App. 1992):

For example, in People v. James, the defendants were charged with unfair business practices under Business and Professions Code section 17200. Specifically, the defendants, one of whom owned a liquor store in a busy beachside area, and the other of whom operated a towing and impound [3 Cal.App.4th 1005] service, were alleged to have committed the following acts: (1) posted ambiguous or difficult to see warning signs in the liquor store parking lot, which failed to adequately apprise customers how long they might park there, (2) engaged in unlawful practices in hoisting and towing cars from the lot, including charging unconscionable fees, intimidating vehicle owners by threatening them with bodily harm, damaging vehicles, failing to safeguard personal property left in vehicles, charging "let-down" fees before releasing vehicles which had been hoisted for towing but not yet removed from the lot, and making false representations concerning the existence of liens and other rights in exacting charges for the release of such hoisted vehicles, all in violation of Civil Code section 1770, subdivision (n) 8, and (3) arranged that the towing company owner would pay the liquor store owner a "kickback" fee for authorizing removal of cars from the El Don lot. (122 Cal.App.3d at p. 31, 177 Cal.Rptr. 110.) The trial court granted the People's request for a preliminary injunction enjoining these acts.

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