Case Updates
California Supreme Court rules on assignment of rights to sue under §17200 and Private Attorney General Act
June 29, 2009
The California Supreme Court agreed with NCLC that any representative action to enforce rights under Business & Professions Code §17200 should be brought as a class action. In addition, according to the court, statutory penalties’ claims under the California Labor Code’s Private Attorney General Act are not assignable.
U.S. Chamber files amicus brief
December 28, 2007
NCLC urged the California Supreme Court to hold that an assignee of a cause of action does not obtain the assignor’s right to sue either as a class representative in a class action or as the representative plaintiff in some sort of non-class “representative action.” In the alternative, NCLC argued that any representative action to enforce rights under Business & Professions Code §17200 (the “UCL”) should be brought, if at all, as a class action. NCLC also argued that claims under the California Labor Code’s Private Attorney General Act are not assignable. The real party in interest in this case is First Transit, Inc.