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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The trial court’s order also is “necessary to restore” the proceeds of defendants’ illegal acts to appropriate interested persons, i.e., defendants’ present and former tenants, and tenants in the affected jurisdiction or their advocates. (See Levi Strauss, supra, 41 Cal.3d at p. 474; Dean Witter Reynolds, Inc. v. Superior Court (1989) 211 Cal.App.3d 758, 773 [259 Cal.Rptr. 789] [court in a UCL suit “is empowered to grant equitable relief, including restitution in favor of absent persons”]; People v. Thomas Shelton Powers, M.D., Inc. (1992) 2 Cal.App.4th 330, 343 [3 Cal.Rptr.2d 34] (Powers) [where compensating a direct victim is not possible, “the theory of fluid recovery permits an award of the funds to an interested third party”]; People ex rel. Smith v. Parkmerced Co. (1988) 198 Cal.App.3d 683, 693 [244 Cal.Rptr. 22] (Parkmerced) [nonparty residents’ organization with “vested interest” in outcome was appropriate recipient of unclaimed remedial refunds in action to recover illegal rental fees].)

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