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Monday, August 24, 2009



Have other cases before this held that the safe harbor applies in "unlawful" prong cases and not just "unfair" prong cases? Given this is dicta, but it seems to say that it applies in both:

"Although section 17200 broadly prescribes 'any unlawful, unfair or fraudulent business act or practice,' it does not apply when specific legislation provides a 'safe harbor' for the conduct at issue. When specific legislation provides a 'safe harbor,' a plaintiff may not use the general UCL to assault that harbor. If the Legislature has permitted certain conduct or considered a situation and concluded that no action should lie, courts may not override that determination."

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