In this UCL public prosecutor action, the Court of Appeal (Fourth Appellate District, Division Three) reversed summary judgment in favor of the City of Dana Point, finding triable issues of fact on whether the defendant medical marijuana dispensary had violated the Compassionate Use Act. People ex rel. City of Dana Point v. Holistic Health, ___ Cal.App.4th ___ (Feb. 13, 2012).
What's interesting about the opinion are the civil penalties the trial court had imposed for violating the UCL: $1,315,000. Slip op. at 7. The trial court also permanently enjoined the defendant from "selling, serving, storing, keeping or giving away marijuana within the municipal boundaries of the City." Id. Although the Court of Appeal reversed this judgment, it shows what the trial court is likely to do if the City ultimately prevails in the action.
It also shows what a powerful tool the UCL can be in public prosecutor actions.
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