Section 17535

Citation: Section 17535
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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*143WERDEGAR, J., Concurring and Dissenting.—
I agree with the majority that Civil Code section 1950.5 does not apply to defendant landlords’ nonrefundable security and administrative fees. (Maj. opn., ante, at pp. 121, 140-141.) I also agree that defendants have not been denied due process (id. at p. 140) and that the remedial order in this case, understood as foreclosing the possibility of double recovery by accommodating any evidence of prior payment, does not raise due process concerns (id. at p. 138). I dissent, however, from the majority opinion to the extent it holds the unfair competition law, Business and Professions Code1 section 17200 et seq. (UCL), does not permit the trial court’s order that defendants disgorge the proceeds of their illegal acts into a trust fund for the benefit of residential tenants in the affected jurisdiction, generally, as well as defendants’ identifiable direct victims. (Maj. opn., ante, at pp. 121, 126-139.)

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