Clayton v. Fisher
Named plaintiffs, as the representatives of unnamed plaintiffs, appeal from judgments of dismissal of some defendants from a cause of action for unfair competition, after demurrers were sustained. Appellants standing to prosecute the action and this appeal on behalf of unnamed plaintiffs was eliminated by Proposition 64. (See Bus. & Prof. Code, 17203, 17204; Californians for Disability Rights v. Mervyns, LLC (2006) 39 Cal.4th 223, 232 (CDR ) [section 17203, as amended, withdraws the standing of persons who have not been harmed to represent those who have].) Because appellants had standing when the action was commenced and when the appeal was filed, we must vacate the judgments of dismissal, and remand to the Superior Court to give appellants an opportunity to move to amend their complaint to add a qualified plaintiff. (See Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242 243 (Branick).)
Comments on Clayton v. Fisher