Today's Law As Amended


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SB-890 Unfair competition.(2003-2004)



As Amends the Law Today


SECTION 1.

 Section 17204 of the Business and Professions Code is amended to read:

17204.
 Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
(a)  Actions for any  relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a any  district attorney or by a any  county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a  any  city attorney of a city  city, or city and county,  having a population in excess of 750,000, or by a county counsel of any county within which a city has a population in excess of 750,000, or  and, with the consent of the district attorney,  by a city attorney in a city and county  prosecutor in any city having a full-time city prosecutor  or, with the consent of the district attorney, by a city prosecutor attorney  in a city having a full-time city prosecutor  any city and county  in the name of the people of the State of California upon their own complaint or upon the complaint of a any  board, officer, person, corporation, corporation  or association, association  or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. any person acting for the interests of itself, its members or the general public. 
(b) An action for relief pursuant to this chapter by a person, other than by the Attorney General, a district attorney, a county counsel, or a city attorney, acting for the interests of the general public shall be subject to Chapter 6 (commencing with Section 17300) and shall be known as a “representative civil action.”

SEC. 2.

 Chapter 6 (commencing with Section 17300) is added to Part 2 of Division 7 of the Business and Professions Code, to read:

CHAPTER  6. Representative Civil Actions By Private Plaintiffs
17300.
 In the case of a representative civil action that is brought by a plaintiff who has not suffered a distinct and palpable injury as a result of the acts or practices prohibited by Chapter 5 (commencing with Section 17200), an amount equal to 85 percent of any judgment obtained in the action or in settlement thereof shall be deposited in the Restitution Fund in the State Treasury for allocation to crime victims by the California Victim Compensation and Government Claims Board pursuant to Chapter 5 (commencing with Section 13960) of Part 4 of Division 3 of Title 2 of the Government Code. Notwithstanding Section 13967 of the Government Code, the funds deposited pursuant to this section shall be available for allocation upon appropriation by the Legislature.