There are two interesting things about the Court of Appeal's unpublished opinion in Settle v. Knox Attorney Service, no. B180137 (Mar. 21, 2006) (Second Appellate District, Division Seven):
First, the Court of Appeal seems to agree with the idea that a UCL "unlawful" prong claim may be predicated on the infringement of a constitutional right (although it found no evidence of such an infringement in the case before it and affirmed summary judgment in the defendant's favor). (Slip op. at 7.)
Second, for some reason the plaintiff chose to concede that Prop. 64 applied retroactively to his case, which was filed before the initiative's effective date. (Slip op. at 8 n.4.) That's a huge concession. I'd think long and hard before I'd make it in any of my cases.
Thanks, as always, to JS for reading through the unpublished opinions to find this one.