Even When Civil Penalties Are Sought, Unfair Competition and False Advertising Claims Remain Equitable and Will Not Be Tried by a Jury
By EsqSocial Corporation 30/10/20
The California Supreme Court recently held that claims brought by the government for civil penalties under California’s unfair competition law (B&PC § 17200, et seq.) and false advertising law (B&PC § 17500, et seq.) are to be tried by a court, not by a jury. Under the California Constitution, litigants have the right to a jury trial in cases involving legal claims, but this right does not apply where the claims are solely equitable in nature. In reaching its conclusion, the California Supreme...
By: Foley & Lardner LLP