Dooley's Hardware Mart v. Food Giant Markets Inc.

Opinion

KINGSLEY, J.

This is an action against a retail food market and two of its employees for an injunction to prevent alleged violations of the California Unfair Practices Act (Bus. &Prof. Code §§ 17000-17101). Judgment was entered for the defendants; 2 plaintiff has appealed; we reverse the judgment.

The present appeal, on the record before us, 3 presents only the single issue: Is the statutory presumption set forth in section 17071.5 of the Business and Professions Code constitutional?

The California Unfair Practices Act prohibits, inter alia, the sale of products below cost when the effect…