KLEIN v. EARTH ELEMENTS, INC.

Docket No. A076191.

59 Cal.App.4th 965 (1997)

KENNETH H. KLEIN, Plaintiff and Appellant, v. EARTH ELEMENTS, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

August 27, 1997.


Attorney(s) appearing for the Case

COUNSEL

Stone & Moore and John Douglas Moore for Plaintiff and Appellant.

Ryan, Andrada & Lifter, Joseph D. Ryan and Bruce A. McIntosh for Defendant and Respondent.


OPINION

ANDERSON, P.J.

Appellant Kenneth H. Klein proposes that a pet food distributor commits an act of unfair competition within the meaning of Business and Professions Code,1 section 17200 when it unwittingly causes contaminated pet food to be distributed into the stream of commerce. Accordingly, he seeks to overturn the summary judgment in favor of Earth Elements, Inc.2

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