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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Reversing a unanimous Court of Appeal, the majority reasons, essentially, that “fluid recovery” is not authorized as a remedy in private UCL actions because it is authorized in class actions. I cannot join in such fallacious reasoning. The majority’s conclusion, without support in the UCL’s plain language, flies in the face of our previous pronouncements and lower court decisions in which the Legislature has for decades acquiesced. With its decision, the majority today permits the landlord defendants in this case to retain nearly half a million dollars in illegal gains from unfair competition, while significantly diminishing consumers’ equitable and statutory protections against unfair business practices. This result is contrary to the legislative history, the language and the spirit of the UCL. Background

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