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Californians for Population Stabilization v. Hewlett-Packard Co.9/25/1997
Plaintiff Californians for Population Stabilization (CAPS) appeals from judgments in favor of defendants Tata Sons Limited and its division Tata Consultancy Services (collectively Tata) and Hewlett-Packard Company (H-P). Tata appeals from an order denying its motion for attorney's fees. For the reasons stated below, we affirm both judgments and the post-judgment order.
PROCEDURAL HISTORY
On October 4, 1993, CAPS filed a complaint for a preliminary and permanent injunction under Business and Professions Code section 17200. The first cause of action alleged Tata had committed acts of unfair competition by engaging in statutorily prohibited conduct and unfair practices. The second cause of action alleged that H-P was aware of Tata's unlawful and unfair business practices and was liable for conspiring with Tata to violate California law.
After three amended complaints were filed, H-P's motion for summary judgment was granted by the court. The court found CAPS had failed to raise a triable issue of material fact as to H-P's knowledge of or participation in the alleged unlawful practices. The remaining action proceeded to a nonjury trial, after which the court rendered a 30-page statement of decision. Judgment was entered in favor of Tata, but the company's motion for attorney's fees was denied. Notices of appeal were timely filed.
On December 6, 1995, CAPS moved to dismiss Tata's appeal from the order denying its motion for attorney's fees on the grounds that Tata had failed to comply with section 17209. In response, Tata moved to dismiss CAPS' underlying appeal for violation of the same statute. This court deferred consideration of both motions. Thereafter, this court granted a request by the California District Attorneys Association for leave to file an amicus curiae brief.
FACTS
Based in India , Tata employs approximately 4,000 computer engineers who work in India and around the world. The company has 35 offices worldwide, 10 of which are in the United States. Tata provides extensive training to its newly recruited computer engineers which lasts for 12 to 18 months, depending on the individual trainee.
Commencing in October 1989, Tata entered into contracts to supply software engineers, systems analysts, and computer programmers to assist on projects of and/or design and develop software for companies in California. These included H-P, Oracle Corporation, IBM and American President Lines.
If Tata is awarded a California contract, it identifies possible candidates to fill the project from its employees. Some of the work done by Tata computer engineers is done in California at the client's site. Tata refers to these overseas assignments as "deputations." The U.S. deputations are for terms of up to two years. One of Tata's clients, H-P, reserved the right to approve any consultant proposed by Tata.
Tata pays its deputed workers both salary and expenses while they work in California, in addition to the salary and benefits the company continues to provide to them in India . The current Indian salary component paid to workers on deputation ranges up to 170,000 rupees per year, or $5,600 per year at current exchange rates. The difference between the remuneration received by Tata employees while in India versus the United States is that Tata pays workers on deputation a cash housing and living allowance to make up for the higher cost of living in the United States.
Prior to 1993, some Tata workers came to the United States by way of "B-1" visas. Federal law concerning B-1 visas prohibited Tata from paying a United States salary to those workers during their deputations. During those deput
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