CHAPTER 4. Unfair Trade Practices [17000. - 17101.]

Chapter 4 added by Stats. 1941, Ch. 526.

§§ 17000–17101 · 53 sections

1. ARTICLE 1. General Provisions §§ 17000–17002 · 3 sections

   • § 17000 This chapter may be cited as the Unfair Practices Act.
   • § 17001 The Legislature declares that the purpose of this chapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and…
   • § 17002 This chapter shall be liberally construed that its beneficial purposes may be subserved.
2. ARTICLE 2. Definitions §§ 17020–17031 · 14 sections

   • § 17020 The definitions in this article shall be used in construing this chapter.
   • § 17021 “Person” includes any person, firm, association, organization, partnership, business trust, company, corporation or municipal or other public corporation.
   • § 17022 “Sell” includes selling, offering for sale or advertising for sale.
   • § 17023 “Give” includes giving, offering to give or advertising the intent to give.
   • § 17024 “Article or product” includes any article, product, commodity, thing of value, service or output of a service trade. Motion picture films when licensed for…
   • § 17025 “Vendor” includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.
   • § 17026 “Cost” as applied to production includes the cost of raw materials, labor and all overhead expenses of the producer. “Cost” as applied to distribution means…
   • § 17026.1 (a) (1) Notwithstanding the provisions of Section 17026, commissions or rebates regularly earned by the retailers of cellular telephones may be used to reduce…
   • § 17026.5 Notwithstanding the provisions of Section 17026, regular term discounts granted to distributors by manufacturers of cigarettes for cash payment customarily…
   • § 17027 In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced,…
   • § 17028 “Ordinary channels of trade” means those ordinary, regular and daily transactions in the mercantile trade whereby title to an article or product, in no way…
   • § 17029 “Cost of doing business” or “overhead expense” means all costs of doing business incurred in the conduct of the business and shall include without limitation…
   • § 17030 “Loss leader” means any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise;…
   • § 17031 Locality discrimination means a discrimination between different sections, communities or cities or portions thereof, or between different locations in such…
3. ARTICLE 3. Offenses Against the Chapter §§ 17040–17051 · 13 sections

   • § 17040 It is unlawful for any person engaged in the production, manufacture, distribution or sale of any article or product of general use or consumption, with intent…
   • § 17041 Nothing in this chapter prohibits locality discriminations which make allowances for differences, if any, in the grade, quality or quantity when based and…
   • § 17042 Nothing in this chapter prohibits any of the following: (a) A selection of customers. (b) A functional classification by any person of any customer as broker,…
   • § 17043 It is unlawful for any person engaged in business within this State to sell any article or product at less than the cost thereof to such vendor, or to give…
   • § 17044 It is unlawful for any person engaged in business within this State to sell or use any article or product as a “loss leader” as defined in Section 17030 of…
   • § 17045 The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to…
   • § 17046 It is unlawful for any person to use any threat, intimidation, or boycott, to effectuate any violation of this chapter.
   • § 17047 It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, to…
   • § 17048 It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, jointly…
   • § 17048.5 It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, to enter…
   • § 17049 The prohibitions of this chapter against locality discrimination and sales below cost embrace any scheme of special rebates, collateral contracts or any device…
   • § 17050 The prohibitions of this chapter against locality discriminations, sales below cost, and loss leaders do not apply to any sale made: (a) In closing out in good…
   • § 17051 Any contract, express or implied, made by any person, firm, or corporation in violation of this chapter is an illegal contract and no recovery thereon shall be…
4. ARTICLE 4. Civil Liability §§ 17070–17087 · 19 sections

   • § 17070 Any person or trade association may bring an action to enjoin and restrain any violation of this chapter and, in addition thereto, for the recovery of damages.
   • § 17071 In all actions brought under this chapter proof of one or more acts of selling or giving away any article or product below cost or at discriminatory prices,…
   • § 17071.5 In all actions brought under this chapter proof of limitation of the quantity of any article or product sold or offered for sale to any one customer to a…
   • § 17072 Where a particular trade or industry, of which a person complained against is a member, has an established cost survey for the locality and vicinity in which…
   • § 17073 Proof of average overall cost of doing business for any particular inventory period when added to the cost of production of each article or product, as to a…
   • § 17074 Proof of transportation tariffs when fixed and approved by the Public Utilities Commission of the State of California is presumptive evidence of delivery cost.
   • § 17075 In any action where it is alleged and shown that the person complained against is selling below his cost of doing business, and such person is including labor…
   • § 17076 In any action brought under this chapter, where persons are employed or performing services for any person or in the conduct of the business wherein such…
   • § 17077 In any action or prosecution for sales below cost in violation of this chapter, if the defendant acquires his raw materials for a consideration not wholly or…
   • § 17078 If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction…
   • § 17079 The court may, in its discretion, include in any injunction against a violation of this chapter such other restraint as it may deem expedient in order to deter…
   • § 17080 Any injunction against a violation of this chapter, whether interim or final, shall cover every article or product and not merely the particular article or…
   • § 17081 It is not necessary for the plaintiff, in any action under this chapter, to provide or file any undertaking or bond for the issuance of any interim or final…
   • § 17082 In any action under this chapter, it is not necessary to allege or prove actual damages or the threat thereof, or actual injury or the threat thereof, to the…
   • § 17083 The testimony of any witness in any action brought under this chapter may be taken by deposition. The provisions of Chapter 3 (commencing with Section 2002) of…
   • § 17084 Any party to any action brought under this chapter may, upon notice, apply to the court in which the action is pending, or to any judge thereof, for an order…
   • § 17085 If, at any time while any action for a violation of this chapter is pending, it appears to the court that an extensive examination of books, papers, records,…
   • § 17086 No information obtained under this article, or under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, may be used against…
   • § 17087 In any action or proceeding, civil or criminal, brought by the Attorney General or any district attorney for the violation of this chapter, no person shall be…
5. ARTICLE 5. Liability of Agents §§ 17095–17096 · 2 sections

   • § 17095 Any person, who, either as director, officer or agent of any firm or corporation or as agent of any person, violating the provisions of this chapter, assists…
   • § 17096 In any injunction proceeding against any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or…
6. ARTICLE 6. Penal Provisions §§ 17100–17101 · 2 sections

   • § 17100 Any person, whether as principal, agent, officer or director, for himself, or for another person, or for any firm or corporation, or any corporation, who or…
   • § 17101 In the prosecution of any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or corporation for…