UNITED INVESTORS LIFE INSURANCE COMPANY, Plaintiff and Appellant,
v.
WADDELL & REED, INC. et al., Defendants and Respondents.
Court of Appeals of California, Second District, Division 5.https://leagle.com/images/logo.png
January 20, 2005.
January 20, 2005.
Attorney(s) appearing for the Case
Baxley, Dillard, Dauphin, McNight & Barclift, William J. Baxley, Birmingham, AL; Nevin & Absalom, Edward J. Nevin, San Francisco, for Plaintiff and Appellant.
Akin Gump Strauss Hauer & Feld, Rex S. Heinke, Seth M.M. Stodder, Los Angeles, for Defendants and Respondents Waddell & Reed, Inc., Waddell & Reed Financial, Inc., Waddell & Reed Financial Services, Inc., and W & R Insurance Agency, Inc.
Gibson, Dunn & Crutcher, Joseph P. Busch, III, Stacy J. Marsh, Irvine, for Defendants and Respondents Thomas Miller, Cheryl Aldava, Timothy Glenn, Eric Hoopingarner, Michael Ingaglio, Duane Johnson, Carolyn Joyce, Gloria Kimmel, William Knoke, Mark Larsen, Carolyn Leone, Albert Martinez, John Morreale, Joyce O'Donnell, Elizabeth Ruch, Kenneth Sheets, Bobby Yount, Darryl Harr, and Does 1-100, inclusive.
Court of Appeals of California, Second District, Division 5.
TURNER, P.J.
This matter is before us on a motion to dismiss the appeal. Defendants argue the plaintiff has no standing to appeal the dismissal of its statutory unfair competition based claims because it has not met the requirements of Business and Professions Code1 section 17204 as amended while this appeal was pending by Proposition 64. We hold plaintiff has standing to appeal. Accordingly, we deny the dismissal motion.
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