Defendant’s (Robert Michael Elliott, M.D.) Demurrer to the 3rd Cause of Action (False Adverting) of the First Amended Complaint (FAC) is OVERRULED with 10-days to Answer.
Bower v. AT & T Mobility (2011) 196 Cal.App.4th 1545, 1555, states, “Section 17500 makes it unlawful for a person, firm, corporation, association, or an employee thereof ‘with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto’ by means of advertising, ‘which is known or which by the exercise of reasonable care should be known to be untrue or misleading. . . . Like section 17200, section 17500 requires an individual suing under the statute to have ‘ “suffered injury in fact” ’ and to have ‘ “lost money or property as a result of such unfair competition.” ’ [Citations.]” “To prevail on a false advertising claim, a plaintiff need only show that m
Hearing Date
October 31, 2017
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Defendant’s (Robert Michael Elliott, M.D.) Demurrer to the 3rd Cause of Action (False Adverting) of the First Amended Complaint (FAC) is OVERRULED with 10-days to Answer.
Bower v. AT & T Mobility (2011) 196 Cal.App.4th 1545, 1555, states, “Section 17500 makes it unlawful for a person, firm, corporation, association, or an employee thereof ‘with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto’ by means of advertising, ‘which is known or which by the exercise of reasonable care should be known to be untrue or misleading. . . . Like section 17200, section 17500 requires an individual suing under the statute to have ‘ “suffered injury in fact” ’ and to have ‘ “lost money or property as a result of such unfair competition.” ’ [Citations.]” “To prevail on a false advertising claim, a plaintiff need only show that m