MELALEUCA, INC. v. CLARK

Nos. D028639, D029533.

78 Cal.Rptr.2d 627 (1998)

66 Cal.App.4th 1344

MELALEUCA, INC., Plaintiff and Respondent, v. Hulda Regehr CLARK, Defendant and Appellant. Hulda Regehr CLARK, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Melaleuca, Inc., Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied October 20, 1998.

Review Denied January 13, 1999.


Attorney(s) appearing for the Case

Marcelle E. Mihaila, Guylyn R. Cummins, Kathryn E. Karcher and Gray, Cary, Ware & Freidenrich, San Diego, for Defendant and Appellant.

Charles A. Bird, Gregory D. Roper, Luce, Forward, Hamilton & Scripps, Charles A. Bird, A. Kendall Wood, Courtney A. Barnes and Hinchy, Witte, Wood, Anderson & Hodges, San Diego, for Plaintiff and Respondent.


BENKE, Associate Justice.

If this appeal turned solely on the question of whether statements defendant and appellant Hulda Regehr Clark has published about products distributed by plaintiff and respondent Melaleuca, Inc. (Melaleuca), are true, there is little doubt Melaleuca would prevail. There is simply no scientific basis for Clark's conclusions about Melaleuca's products, and the acceptable scientific evidence which is in the record entirely refutes Clark's conclusions...

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