BILL NUMBER: SB 122	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Escutia

                        FEBRUARY 4, 2003

   An act to amend Section 17204 of the Business and Professions
Code, relating to unfair competition.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 122, as introduced, Escutia.  Private enforcement actions.
   Existing law provides remedies for unfair competition that may be
enforced by a governmental agency, including the district attorney,
or by a private party acting for the interests of itself, its
members, or the general public.
   This bill would require a private party bringing an unfair
competition action to notify the district attorney and to file proof
of service of the notification with the court.  The bill would
preclude the court from awarding any relief until the proof of
service has been filed.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17204 of the Business and Professions Code is
amended to read:
   17204.   (a)  Actions for any relief pursuant to this
chapter shall be prosecuted exclusively in a court of competent
jurisdiction by the Attorney General or any district attorney or by
any county counsel authorized by agreement with the district attorney
in actions involving violation of a county ordinance, or any city
attorney of a city, or city and county, having a population in excess
of 750,000, and, with the consent of the district attorney, by a
city prosecutor in any city having a full-time city prosecutor or,
with the consent of the district attorney, by a city attorney in any
city and county in the name of the people of the State of California
upon their own complaint or upon the complaint of any board, officer,
person, corporation or association or by any person acting for the
interests of itself, its members  ,  or the general public.

   (b) A person acting for the interests of itself, its members, or
the general public shall serve notice of the action for relief and a
copy of the complaint within three days of its filing date, on the
district attorney for the county in which the action is filed.  Proof
of service of the notice and complaint shall be filed with the
court.  No judgment or temporary or permanent relief shall be granted
until the proof of service is filed with the court.