New decision addresses (briefly) UCL standing: Boorstein v. CBS Interactive, Inc.

In Boorstein v. CBS Interactive, Inc., ___ Cal.App.4th ___ (Dec. 19, 2013), the Court of Appeal (Second Appellate District, Division Four) held that the plaintiff lacked standing to bring a claim against the defendant for violating the "shine the light" law (Civil Code §§ 1798.83 et seq.).  Slip op. at 9-18.  The panel determined that the plaintiff had not been "injured by a violation of this title," as the "shine the light" law requires.  Id. at 9 (quoting Civ. Code § 1798.84). 

As a result, the plaintiff also lacked standing to bring a UCL "unlawful" prong violation predicated on violation of that statute:

The UCL provides that to pursue a claim for relief under the statute, an individual must have “suffered injury in fact and ha[ve] lost money or property as a result of the unfair competition.”  (Bus. & Prof. Code, § 17204.)  For the reasons stated above, plaintiff failed to allege an “injury in fact.”  Thus, he has not stated a claim for relief under the UCL.  The demurrer to the second cause of action was properly sustained.

Slip op. at 18.