Legal Opinion · Dissent

Benson v. Kwikset Corp.

California Court of Appeal

Decided June 29, 2007No. G030956Published

1Dissent

SILLS, P. J., Dissenting.

Although I agree with everything my colleagues have to say regarding the Proposition 64 aspect of the case, I must reluctantly dissent because the majority leaves the door open for the possibility of further litigation on the merits.

I believe that the governing statute, Business and Professions Code section 17533.7, must be given a commonsense interpretation under the circumstances of this case, lest the statute lead to absurd results. Consider: Would anyone really dispute the idea that the aircraft carrier U.S.S. Ronald Reagan, built by American shipworkers in…

2Cases cited21 opinions

  1. County of Sacramento v. HickmanCalifornia Supreme Court · 1967
  2. Times Mirror Co. v. Superior CourtCalifornia Supreme Court · 1991
  3. California School Employees Ass'n. v. Governing Board of the Marine Community College DistrictCalifornia Supreme Court · 1994
  4. Silver v. BrownCalifornia Supreme Court · 1966
  5. Stasher v. Harger-HaldemanCalifornia Supreme Court · 1962

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