California Court of Appeal

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Amalgamated Transit Union v. Superior Ct. (First Transit, Inc.), B191879

An individual-s statutory right to sue in a representative capacity, conferred under the Labor Code Private Attorneys General Act of 2004 and under the unfair competition law, may not be assigned to a third party. Section 17203 of the unfair competition law, as amended by Proposition 64, providing that representative claims may be brought only if the injured claimant complies with Section 382 of the Code of Civil Procedure, means that private representative claims must meet the procedural requirements applicable to class action lawsuits.

Appellate Information

  • Decided 02/28/2007
  • Published 02/28/2007

Judges

  • BOLAND, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Neyhart, Anderson, Flynn & Grosboll, John L. Anderson, Orange, and Scott M. De Nardo, San Francisco, for Petitioners., McMahon Berger, James N. Foster, Jr. and Michelle M. Cain; ‚ÄČKampe & Kampe and K.W. Kampe, III for Real Party in Interest First Transit, Inc., Gleason & Favarote, Paul M. Gleason and Torey J. Favarote for Real Party in Interest ATC/Vancom, Inc., Jenkens & Gilchrist, Margaret Rosenthal and Sabrina L. Shadi, Los Angeles, for Real Parties in Interest Progressive Transportation Services, Inc. and Coach USA Transit Services., Littler Mendelson and Theodore R. Scott, San Diego, for Real Party in Interest Laidlaw Transit Services, Inc.

  • For Appellees:
  • No appearance for Respondent.