California Court of Appeal

In plaintiffs' suit claiming, inter alia, causes of action for unfair business practices under Business and Professions Code section 17200 and intentional infliction of emotional distress, arising out of a loan to plaintiffs' real estate development company, trial court's order sustaining the defendants' demurrers without leave to amend is affirmed as, under the so-called "Cel-Tech test," for establishing unfairness, plaintiffs have failed to prove that the defendant's "conduct is tethered to an underlying constitutional, statutory or regulatory provision, or that it threatens an incipient violation of an antitrust law, or violates the policy or spirit of an antitrust law." Further, the plaintiffs have not pled any allegations of conduct by the defendants that could be considered "outrageous" to sustain their cause of action for intentional infliction of emotional distress.

Appellate Information

• Decided 07/16/2012
• Published 07/16/2012

Judges

• Nares

Court

• California Court of Appeal

Counsel