AMALGAMATED TRANSIT UNION, LOCAL 1756, AFL-CIO v. SUPERIOR COURT

No. S151615.

46 Cal.4th 993 (2009)

AMALGAMATED TRANSIT UNION, LOCAL 1756, AFL-CIO, et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FIRST TRANSIT, INC., et al., Real Parties in Interest.

Supreme Court of California.

June 29, 2009.


Attorney(s) appearing for the Case

Neyhart, Anderson, Flynn & Grosboll, John L. Anderson, Scott M. De Nardo and Benjamin K. Lunch for Petitioners.

Davis, Cowell & Bowe, John J. Davis, Jr., and Paul L. More for Heat and Frost Insulators Local 16, Plumbers and Steamfitters Local 159, Plumbers and Steamfitters Local 393 and Plasterers Local 200 as Amici Curiae on behalf of Petitioners.

Neighborhood Legal Services of Los Angeles County, David Pallack, José Tello, Linda Fang; National Employment Law Center, Laura Moskowitz; Legal Aid Foundation of Los Angeles, Anel Flores; Asian Pacific American Legal Center, Yungsuhn Park; Legal Aid Society—Employment Law Center, Matthew Goldberg; The Worksafe Law Center, Danielle Lucido; The Watsonville Law Center and Dori Rose Inda for Garment Worker Center, Inquilinos Unidos, Maintenance Cooperation Trust Fund, Yamin Yan and Yao Zhang as Amici Curiae on behalf of Petitioners.

California Rural Legal Assistance, Inc., Cynthia L. Rice, Blanca Bañuelos, Michael L. Meuter and Julie Montgomery for Jose Arias and California Rural Legal Assistance Foundation as Amici Curiae on behalf of Petitioners.

Altshuler Berzon, Scott A. Kronland and Barbara J. Chisholm for American Federation of Labor and Congress of Industrial Organizations, International Brotherhood of Teamsters, Laborers International Union of North America, Service Employees International Union, United Brotherhood of Carpenters, United Food and Commercial Workers International Union and Unite Here as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

McMahon Berger, James N. Foster, Jr., Michelle M. Cain; Kampe & Kampe and K. W. Kampe III for Real Party in Interest First Transit, Inc.

Gleason & Favarote, Paul M. Gleason, Torey J. Favarote and Richard Y. Chen for Real Party in Interest ATC/Vancom, Inc.

Fulbright & Jaworski, Marcus Torrano, Rachel Salvin; Jenkens & Gilchrist, Margaret Rosenthal and Sabrina L. Shadi for Real Parties in Interest Progressive Transportation Services, Inc., and Coach USA Transit Service.

Littler Mendelson, Theodore R. Scott and Tami Falkenstein-Hennick for Real Party in Interest Laidlaw Transit Services, Inc.

O'Melveny & Myers, Scott H. Dunham, Ryan W. Rutledge; Law Offices of Steven Drapkin, Steven Drapkin, National Chamber Litigation Center, Inc., and Robin S. Conrad for Employers Group, California Employment Law Council, Chamber of Commerce of the United States of America and California Chamber of Commerce as Amici Curiae on behalf of Real Parties in Interest.

Deborah J. La Fetra, Timothy Sandefur and Elizabeth A. Yi for Pacific Legal Foundation as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

KENNARD, J.

At issue here are two state laws. One is the unfair competition law, which allows a private party to bring an unfair competition action on behalf of others (Bus. & Prof. Code, § 17203), but only if the person "has suffered injury in fact and has lost money or property as a result of the unfair competition." (Id., § 17204.) The other law is the Labor Code Private Attorneys General Act of 2004 ...

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