Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction: California (state)
Effective Date: 1980-02-05
Original Source: https://www.courtlistener.com/opinion/2134128/stoiber-v-honeychuck/ ↗

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Historically, the tort of unfair business competition required a competitive injury. However, the language of section 17200 quoted above “demonstrates a clear design to protect consumers as well as competitors by its final clause, permitting inter alia, any member of the public to sue on his own behalf or on behalf of the public generally.” (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94, 110 [101 Cal.Rptr. 745, 496 P.2d 817].) Thus, section 17200 is not confined to anticompetitive business practice but is equally directed toward “‘the right of the public to protection from fraud and deceit.’” (Ibid.) Furthermore, the section 17200 proscription of “unfair competition” is not restricted to deceptive or fraudulent conduct but extends to any unlawful business practice (id., at p. 111). The Legislature apparently intended to permit courts to enjoin ongoing wrongful business conduct in whatever context such activity might occur (id., at p. 111; People v. McKale (1979) 25 Cal.3d 626, 632 [159 Cal.Rptr. 811, 602 P.2d 731]; see also Howard, Former Civil Code, Section 3369: A Study in Judicial Interpretation (1979) 30 Hastings L.J. 705; Note, Unlawful Agricultural Working Conditions as Nuisance or Unfair Competition (1968) 19 Hastings L.J. 398, 408-409).

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