California’s 17200 – Its Use and Abuse

San Diego Lawyers Chapter and State Courts

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California’s 17200 – Its Use and AbuseProp 64, also known as California 17200, was adopted by initiative in 2004 and was supposed to limit the state’s law on unfair competition, restricting private lawsuits against a company only to those where an individual is actually injured by and suffers a financial loss due to an unfair, unlawful, or fraudulent business practice. Otherwise, only public prosecutors may file lawsuits charging unfair business practices. How has the measure functioned in practice? Has it been a hurdle for private litigation, or a catalyst? What has been the frequency and extent of criminal sanctions? Has the provision spurned a greater amount of business-on-business litigation, and what is the real-world impact of such a development?


  • Mr. H. Scott Leviant, Spiro Moss LLP
  • Prof. Shaun P. Martin, University of San Diego School of Law
  • Mr. Jeremy Rosen, Horvitz & Levy LLP
  • Mr. William L. Stern, Morrison & Foerster LLP
  • Moderator: Hon. Michael Orfield, former San Diego Superior Court Judge
  • Introduction: Adam Van Susteren, President, San Diego Lawyers Chapter