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KWIKSET CORP. v. SUPERIOR COURT

No. S171845.

51 Cal.4th 310 (2011)

KWIKSET CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JAMES BENSON et al., Real Parties in Interest.

Supreme Court of California.

January 27, 2011.

Attorney(s) appearing for the Case

Jones, Bell, Abbott, Fleming & Fitzgerald, Michael J. Abbott , Fredrick A. Rafeedie and William M. Turner for Petitioners.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Petitioners.

Debra J. LaFetra and Timothy Sandefur for Pacific Legal Foundation as Amicus Curiae on behalf of Petitioners.

Arnold & Porter, Trenton H. Norris , Angel A. Garganta , Ronald C. Redcay and James F. Speyer for California Manufacturers & Technology Association, California Bankers Association, American Herbal Products Association, VeriSign, Inc., and BP West Coast Products LLC as Amici Curiae on behalf of Petitioners.

Robie & Matthai, James R. Robie , Kyle Kveton and Steven S. Fleischman for Association of Southern California Defense Counsel and Natural Balance Pet Foods, Inc., as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Soltan & Associates, Venus Soltan ; Coughlin Stoia Geller Rudman & Robbins, Robbins Geller Rudman & Dowd, Timothy G. Blood , Pamela M. Parker , Kevin K. Green ; Cuneo Gilbert & LaDuca, Jonathan W. Cuneo and Michael G. Lenett for Real Parties in Interest.

Berman DeValerio , Joseph J. Tabacco, Jr. , Kevin Shelley , Nicole Lavallee and Matthew D. Pearson for California Teamsters Public Affairs Council, California Nurses Association and Service Employees International Union as Amici Curiae on behalf of Real Parties in Interest.

Seth E. Mermin , Thomas Bennigson ; The Sturdevant Law Firm, James C. Sturdevant and Monique Olivier for Public Good, Public Citizen, National Association of Consumer Advocates, National Consumer Law Center, Consumer Action, Consumer Watchdog, CALPIRG, Consumers for Auto Reliability and Safety and Consumer Federation of California as Amici Curiae on behalf of Real Parties in Interest.

The Arkin Law Firm and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of Real Parties in Interest.

Blecher & Collins, Maxwell M. Blecher and Jennifer S. Elkayam for Agudath Israel of America as Amicus Curiae on behalf of Real Parties in Interest.

Michael Wall and Jonathan Wiener for Environment California, Natural Resources Defense Council, Inc., and Sierra Club as Amici Curiae on behalf of Real Parties in Interest.

W. Scott Thorpe for California District Attorneys Association as Amicus Curiae.

OPINION

WERDEGAR, J.—

This case arises from Kwikset Corporation's (Kwikset) manufacturing of locksets it labeled as "Made in U.S.A." James Benson brought suit under the unfair competition and false advertising laws to challenge the labels' veracity. After a bench trial, the trial court entered judgment for Benson.

While the case was pending on appeal, the electorate enacted Proposition 64 (Gen. Elec. (Nov. 2, 2004)), which called...

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