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PEOPLE v. HEALTH LABORATORIES OF N. AMERICA

No. A089749.

104 Cal.Rptr.2d 618 (2001)

87 Cal.App.4th 442

The PEOPLE, Plaintiff and Respondent, v. HEALTH LABORATORIES OF NORTH AMERICA, INC., et al. Defendants and Appellants.

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

As Modified February 28, 2001.

Attorney(s) appearing for the Case

Gary Lieberstein, District Attorney (Napa), Daryl Arthur Roberts, Deputy District Attorney, J. Michael Mullins (Sonoma), District Attorney, David B. Copenhaver, Deputy District Attorney, for plaintiff and respondent.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Ronald A. Reiter, Deputy Attorney General, for amicus on behalf of respondent.

Michael P. Verna, David W. Trotter, Donald A. Velez, Bowles & Verna, Sheldon S. Lustigman, The Lustigman Firm, P.C., for defendants and appellants.

JONES, P.J.

Health Laboratories of North America, Inc., and its officer, Marc J. Kaplan, appeal an order denying their motion pursuant to the anti-SLAPP statute (Code Civ. Proc., § 425.16)1 to strike the People's action for a permanent injunction enjoining them from making unsubstantiated advertising claims and for civil penalties for having made false or misleading advertisements. Appellants contend the statute's provision exempting...

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