ABC INTERNATIONAL TRADERS INC v. MATSUSHITA ELECTRIC CORPORATION OF AMERICA (1995)

ORDER

Business and Professions Code section 17209 provides: “If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate department of a superior court, the person who commenced that proceeding shall serve notice thereof, including a copy of the person's brief or petition and brief, on the Attorney General, directed to the attention of the Consumer Law Section, and on the district attorney of the county in which the lower court action or proceeding was originally filed. The notice, including the brief or petition and brief, shall be served within three days after the commencement of the appellate proceeding, provided that the time may be extended by the Chief Justice or presiding justice or judge for good cause shown. No judgment or relief, temporary or permanent, shall be granted until proof of service of this notice is filed with the court.”

It has been called to our attention that plaintiff and appellant ABC International Traders, Inc., failed to comply with the requirements of section 17209. As a result, this court has not yet acquired jurisdiction to decide this appeal. We therefore vacate our decision which was filed on September 20, 1995.

Plaintiff and appellant ABC International Traders, Inc., is directed to comply with the notice requirements of section 17209 within three days of the filing of this order.

Within 10 days of the filing of this order, the Attorney General's Office and the District Attorney's Office shall advise this court whether they wish to file amicus curiae briefs in this case.

THE COURT: