Burger v. Mr. Heater, Inc. CA4/3
In 2016, this court affirmed (in a related appeal) the trial court’s ruling granting summary judgment on an unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) claim in favor of the alleged principal tortfeasor. (Matthew Burger v. Lowe’s Home Centers, LLC (March 28, 2016, G049771) [nonpub. opn.] (Burger I).) What was not before us then, and what we must decide in the appeal before us now, is whether plaintiff’s derivative UCL claims based on aiding and abetting theories—against other parties who did not move for summary judgment—are viable after elimination of the UCL cause of action against the primary tortfeasor.
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