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581, 601 [101 Cal.Rptr.3d 697].) Actions for relief pursuant to this chap- ter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, offi- cer, person, corporation, or associa- tion, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition.5
(Bus. & Prof. Code, § 17204 (emphasis added).)
Supreme Court’s UCL Rulings Post- Prop 64
Since passage of Proposition 64, the
courts have struggled with an array of issues that have cropped up regarding the proposition’s amendments to the UCL, including whether the statute applied retroactively to cases then pend- ing (Californians for Disability Rights v. Mervyn’s, LLC, supra, 39 Cal.4th at 227 [amendments apply to cases pending after passage]), and the meaning of the phrase, “suffered injury in fact and has lost money or property as a result of the unfair competition.” (Bus. & Prof. Code, § 17204.) The Supreme Court has ulti- mately weighed in on many of the issues, most notably on issues involving the meaning of the foregoing phrase. In In re Tobacco II Cases, supra, 46
Cal.4th 298, the Court reversed an order denying class certification holding that: (1) only the representative plaintiff is required to satisfy the standing require- ment in the UCL; and (2) the phrase “as a result of ” requires that the representa- tive plaintiff show that “the misrepresen- tation was an immediate cause of the injury-producing conduct [i.e. actual reliance], [but] the plaintiff need not
JANUARY 2012 The Advocate Magazine — 77
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