Legal Question in Business Law in California

Re: Could This be Legal?

The most important question is whether this has caused any damages to the private business. If not, then it probably isn't worth any legal remedy, even if one is available. If yes, then it may be worth looking into.

Re: Could This be Legal?

Why would it be illegal?

If I were representing the owner of the affected company, I could probably come up with a few theories as to why the state agency's conduct might be a tort, probably either a defamation, invasion of privacy or intentional interference with prospective business advantage type of cause of action.

On the other hand, the state agency is likely to have some pretty sound defenses, including immunity and privilege, and my client might have difficulty proving damages. The prospect of proving and being awarded money damages is what makes filing tort lawsuits worth anyone's while.

Suit against a state agency is further complicated by the necessity of compliance with the Tort Claims Act.

I'm probably missing something here, but I fail to see that the agency is necessarily doing anything "illegal" or for which it could be enjoined or subjected to a writ of mandate, much less sued for money damages or prosecuted for criminal offenses.