California Court of Appeal

Grant of motion for preliminary injunction prohibiting defendants, self-described providers of "eCommerce" technology, as well as training to help start, operate, and maintain home-based businesses, from selling their products and services without first complying with the disclosure provision of the Seller Assisted Marketing Plan (SAMP) Act and the Unfair Competition Law (UCL)is affirmed over claims of error that: 1) the order granting the injunction should have been reversed because the SAMP Act is unconstitutionally vague on its face; and 2) the trial court abused its discretion in issuing a mandatory injunction prohibiting defendants from engaging in lawful conduct.

Appellate Information

• Decided 01/20/2009
• Published 01/20/2009

Judges

• PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Greenberg Traurig, LLP, and Raymond B. Kim, Santa Monica, for Defendants and Appellants., Edmund G. Brown Jr., Attorney General, Albert Norman Shelden, Senior Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, Michele R. Van Gelderen, Benjamin G. Diehl, Deputy Attorneys General;  Gregory D. Totten, District Attorney, Mitchell F. Disney, Senior Deputy District Attorney, for Plaintiff and Respondent.