Redefining Commonality for Consumer Class Actions under California Business and Professions Code Sections 17200 and 17500
This Note explores California's Unfair Competition Law and critiques how courts have applied the commonality requirement for class certification of Unfair Competition Law claims. In particular, this Note considers the Unfair Competition Law in light of the combined effects of Proposition 64's standing requirements and the California Supreme Court's decision in In re Tobacco II Cases, which limited the scope of Proposition 64. This Note also provides a general background of the liability standards for each prong of the Unfair Competition Law, examines the federal preemption defense, and proposes a new standard for commonality.
Redefining Commonality for Consumer Class Actions under California Business and Professions Code Sections 17200 and 17500,
44 Loy. L.A. L. Rev. 353
Available at: https://digitalcommons.lmu.edu/llr/vol44/iss1/15