Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)

Citation: Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)
Parent Document: Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)
Jurisdiction: California (state)
Effective Date: 2000-06-05
Original Source: https://www.courtlistener.com/opinion/1159700/kraus-v-trinity-management-serv... ↗

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The court found that the challenged practices violated the cited provisions of the Civil Code and constituted unfair business practices that violated the UCL. The court enjoined defendants from assessing TIER fees or any other nonrefundable charges as a condition of tenancy, collecting and retaining security deposits for the purpose of charging them against liquidated damages, and including liquidated damages provisions in the lease. It ordered Trinity Properties to disgorge $447,700 for liquidated damage/security fee *124assessments5 and Trinity Management Services, Inc., to disgorge $447,000 of TIER fees, the sums collected within the four-year statute of limitations period of April 6, 1990, through February 28, 1995, with interest at 6 percent per annum. After awarding a total of $2,655 in TIER and security deposit money to plaintiffs, the judgment directed that defendant Trinity Management Services, Inc., “shall on the date of this order and for a period of 90 days thereafter, pay to each payor of the $100 TIER fee the sum of $100 as restitution. Such payments shall be made to those persons who may, with due diligence, be found. Restitution made in accordance with this provision shall be deducted from the amount required for disgorgement.” The court made no express order for restitution to prior tenants of any of the liquidated damage/security fee sums to be disgorged.6

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