California Court of Appeal

In an action involving consumer challenges to plaintiff's business practices, trial court order overruling plaintiffs' demurrer to the second amended complaint in the underlying action is vacated where: 1) the second amended complaint failed to adequately allege real parties suffered economic injury resulting from plaintiff's use of false country of origin labels on their products; and 2) real parties did not carry the burden of showing a reasonable possibility of amending the complaint to allege the requisite economic injury. The trial court was directed to enter a new order sustaining the demurrer without leave to amend and enter a judgment dismissing the underlying action.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jones, Bell, Abbott, Fleming & Fitzgerald, Michael J. Abbott, Fredrick A. Rafeedie and William M. Turner, Los Angeles, for Petitioners., Soltan & Associates, Venus Soltan, Costa Mesa;  Coughlin Stoia Geller Rudman & Robbins, Pamela M. Parker, Kevin K. Green, San Diego;  Cuneo Gilbert & LaDuca, Jonathan W. Cuneo and Michael G. Lenett, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.